Is CBD oil legal in New York?
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- What is CBD?
- Why is CBD sometimes illegal?
- New York CBD laws
- Where to buy CBD in New York
- How to read CBD labels and packaging
CBD derived from hemp is available in New York, but is subject to strict regulations. The New York Department of Agriculture and Markets does not allow the addition of CBD to foods or beverages. CBD is, however, allowed to be manufactured and sold as a dietary supplement provided it makes no therapeutic claims. Hemp-derived CBD is also in New York legal when sold as a lotion, salve, or balm.
A comprehensive regulatory framework surrounding the licensing, manufacturing, sale and use of hemp and CBD was approved by the New York State Legislature in June 2019 and is currently awaiting signing from Governor Andrew Cuomo.
Only individuals who hold a valid New York State Medical Marijuana Program card can legally access CBD derived from cannabis. Medical cannabis has been legal in New York since 2014. Cannabis remains illegal for adult use in New York, although marijuana possession was decriminalized to an extent in August 2019. Penalties for possession of small amounts of marijuana have been reduced, and those with existing possession convictions may have their convictions expunged.
What is CBD?
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. CBD is the second-most prominent cannabinoid in cannabis after THC, which has an intoxicating or psychoactive effect. CBD can be sourced from marijuana or hemp plants and has a wide range of purported therapeutic benefits, such as reducing pain, inflammation, and anxiety, and suppressing seizures. Since the cannabinoid has gained considerable attention for its therapeutic properties, more high CBD strains have recently been cultivated.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive. The FDA has already maintained that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. New York is an example of a state that has devised its own regulatory framework for CBD, embracing some FDA directives while eschewing others.
New York CBD laws
In June 2019, the New York State Senate passed legislation which provides a comprehensive regulatory framework for hemp and CBD. Bill S6184A, also known as the Hemp Bill, will become enacted in thirty days once it has been signed by Governor Andrew Cuomo. Some more controversial aspects of the bill may be contested, however, which could delay its enactment.
Notable amendments in the June 2019 Hemp Bill include:
- The New York State Department of Agriculture and Markets are granted authority to regulate the production, processing, packaging, and labeling of hemp extract products sold in New York State.
- Retailers, wholesalers, and manufacturers selling cannabis products derived from hemp must apply for a cannabinoid permit.
- The sale of beverages containing 20 milligrams of CBD per 12 ounces is permitted, but only if the hemp extract was grown, extracted, and manufactured in the state of New York.
- The sale of out-of-state hemp extract intended for human and animal consumption is prohibited, unless it meets New York standards and regulations, which will be promulgated in the future.
- All hemp extracts must be packaged and labeled according to New York Department of Agriculture and Markets standards and display a Supplement Fact panel where applicable, along with a QR code setting forth other relevant information. No product may advertise any therapeutic claims.
There is currently a lack of concrete regulations in New York while the Hemp Bill is awaiting approval from Governor Andrew Cuomo. At present, the New York State Departments of Health and Agriculture are implementing a catch-all enforcement strategy to prevent unlawful CBD products from being sold.
There is currently a lack of concrete regulations in New York while the Hemp Bill is awaiting approval from Governor Andrew Cuomo. Photo by: Gina Coleman/Weedmaps
CBD-infused food and beverages are prohibited in New York. Penalties for the sale of CBD-infused food and beverages include voluntary removal, seizure, or destruction of the product, a fine, and failing a health inspection. CBD-laced oils, lotions, salves, and other topical applications are legal for all. CBD oils and tinctures are also legal, but products cannot make therapeutic claims.
Licensing requirements for CBD
Presently, the only legitimate way to grow hemp in New York is by participating in the New York Industrial Hemp Agricultural Research Pilot Program. Those interested must apply to the New York Department of Agriculture and Markets, which costs $500. Approved applicants receive a Research Partner Agreement.
Licensing for hemp growers, manufacturers, extractors, and retailers will change under the 2019 Hemp Bill. The bill is yet to be enacted, but provides specific guidelines for growers, manufacturers, and extractors of industrial hemp. All applicants will have background checks performed to confirm they are of good moral character, and possess sufficient experience and competence to farm hemp.
Applicants must first obtain a license through the New York Department of Agriculture and Markets. The license for cannabinoid extractors is the most comprehensive. Licenses will be renewed biannually, and licensed premises will be subject to random inspections.
Manufacturers and growers must contract with an independent laboratory approved by the commissioner for routine testing. The reports from testing must be made available to the Department.
New York CBD possession limits
There are currently no possession limits for hemp-derived CBD products in New York.
There are currently no possession limits for hemp-derived CBD products in New York. Photo by: Gina Coleman/Weedmaps
Medical marijuana patients can legally possess a thirty-day supply of non-smokeable, non-edible, cannabis-derived CBD products.
Although cannabis was decriminalized to an extent in New York in August 2019, those who are found in possession of cannabis-derived CBD products may be subject to penalties.
Where to buy CBD in New York
CBD balms, salves, lotions, and tinctures can be purchased from small pharmacists, specialty stores, CBD storefronts, and vape stores. Food and beverage retailers may offer CBD products, but they are not legal.
CBD derived from marijuana is only available from a licensed dispensary.
Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.
Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and comparison shop for the best price. CBD brands often also have their own e-commerce shop, allowing you to purchase your desired CBD products straight from the source. Find out more about where to purchase CBD.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA currently does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in New York? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New York CBD laws Where to
CBD Oil In New York: Legality and Where to Buy
In recent years, it is undeniable that cannabis has become more widely recognized as a naturally beneficial plant. In particular we have seen a massive rise in U.S. states legalizing the herb in some form or another.
Among the nearly two-thirds of states that have legalized medical marijuana, New York has built a reputation for making cannabis easily accessible to those who need it.
The state legalized medical marijuana back in 2014, though the initial application process of obtaining the herb was not “overly convenient.” In fact, it was considerably stricter than neighboring states when it came to qualifying conditions.
The past 12 months, however, have been particularly exciting for residents of New York who are backing cannabis for both medicinal and recreational use. And with new changes seemingly on the horizon, we have put together this article for everything you need to know about CBD oil in New York.
First, though, let’s take a quick look at what CBD actually is for those who are still in the dark.
CBD Oil in New York: What Is CBD?
Cannabidiol (CBD) is one of the most sought-after compounds of the cannabis plant, and while it is often confused with marijuana itself , CBD is in fact much different.
Given that the compound comes from low-THC industrial hemp rather than actual marijuana, the non-intoxicating properties of CBD make it particularly appealing to those who require it for medicinal purposes.
CBD possesses many potential health benefits (as backed by dozens of research publications), and these benefits have been used by thousands of people to treat dozens of different conditions over the years.
Research has suggested that CBD may have the following properties, making it ideal for patients who don’t wish to get high from consumption of high-THC cannabis:
CBD Oil in New York: A Brief History
For New Yorkers, what started off back in 2014 as a pretty restrictive medical marijuana program has evolved to the relatively “friendly” cannabis environment that residents enjoy today. This is of course great news for long-suffering NY residents, as high-quality CBD oil is now easily accessible across the state – even for individuals without a NY medical marijuana card.
DID YOU KNOW: Quality CBD oil in New York is readily available even for those who do NOT have a medical marijuana card?
Also, it’s worth pointing out that possession of actual marijuana has been decriminalized in New York, as long as the possession amount is 25 grams or less. Possession of hemp-based CBD oil, on the other hand, is completely legal (at least according to most companies who sell it).
That being said, the “legal language” of CBD legislation is still unclear in many U.S. states. While recent announcements by the DEA have more or less cleared the use of low-THC (0.3% or less) CBD oil on a federal level, some states (like Ohio ) have chosen to remain pretty obtuse over the matter. They are opting to treat any form of CBD with the same distinction as “ illegal cannabis products .”
Earlier this year in North Carolina, for example, owners of a vape shop were arrested on charges of marijuana possession, simply for selling bottles of CBD oil in their store (though it’s unclear if the charges remained).
Fortunately, New Yorkers do not have to deal with such obtuseness as the use, possession, and purchase of CBD oil in the state is largely recognized as legal. This is providing the product is sourced from a low-THC industrial hemp supply as outlined in the Hemp Farming Act .
CBD Oil in New York: What to Expect in 2021 and Beyond
To be clear, it is important to point out the differences between CBD oil in New York that you would buy from a medical dispensary, and CBD oil that you can buy in health food stores, vape shops, etc.
If you have a NY medical marijuana card, you may legally purchase CBD oils (and other CBD products) that have been extracted from actual cannabis strains. This includes high-CBD/low-THC cannabis oils, as well as cannabis oil with a 1:1 CBD-to-THC ratio.
If you DO NOT have a valid New York MMJ card, you will need to purchase CBD oil that has been sourced from legal industrial hemp, rather than cannabis/marijuana strains. In terms of potency, both hemp CBD oil and cannabis CBD oil can be very effective for a range of conditions and medical ailments.
That said, it’s worth pointing out that hemp CBD oils generally have a larger variance in terms of overall quality than marijuana-derived products.
DID YOU KNOW? Hemp-derived CBD oils often have a larger variance in terms of quality than marijuana-derived products, which are subject to state regulation.
The reason for this more or less comes down to the fact that the hemp market is largely unregulated in the US. As such, companies can fairly easily get away with labeling and selling a “hempseed oil” (which contains virtually zero CBD) as an actual “CBD oil.” More often than not, this is, unfortunately, the case when you buy CBD products in New York from places like health food stores, vape shops, etc.
Choosing a CBD Product
It’s a confusing concept to wrap your head around, but the key difference between hemp seed oils and true CBD hemp oils is that the latter are sourced from the flowers, leaves, and stem of the plant — NOT the seeds.
Thus, it is important to really do your research and find a reputable, high-quality CBD oil manufacturer that uses techniques like supercritical CO2 extraction to create the end product.
After reading about the “wonderful, healing effects of CBD” many people have excitedly gone out to their local mall or grocery store to try a bottle. However, this often results in disappointment that it produces little to no therapeutic effects.
It’s certainly possible to find effective, high-quality CBD oil for sale in New York, but like we said, you’ve really got to do your homework in order to find a reputable brand.
In terms of a decent jumping-off point, we recommend taking a look at this updated review of the top CBD manufacturers in the country. Most of them sell online and ship legally to New York, but some of them you can find in retail locations throughout the state as well.
CBD Oil in New York: What Conditions Can it Treat?
To be clear, the only medical condition that CBD currently has FDA-approval for is the treatment of Dravet’s Syndrome and Lennox-Gastaut Syndrome, which are forms of intractable epilepsy. Even then, it must be a specific type of CBD known as Epidiolex.
There have been dozens of high-profile research publications showing positive effects of CBD on other conditions (including anxiety, depression, insomnia, and chronic pain). However, since the FDA does not approve it for these ailments, no one can claim it yet as a “guaranteed” treatment option.
That said, the law now requires all New York medical marijuana dispensaries to carry high-CBD strains. The current list of medical conditions for MMJ patients in NY is as follows:
- Parkinson’s disease
- Multiple sclerosis
- Inflammatory bowel disease
- Chronic Pain
- Huntington’s disease
- Damage to the nervous tissue of the spinal cord
Also, as the opioid epidemic shows no signs of letting up across the whole of the US, New York has recently added medical cannabis as an opioid replacement to its list of qualified uses.
The complete guide…
Changing Cannabis Laws in New York
Perhaps the most exciting news of all, however, revolves around the apparent “change of heart” of New York politicians, who historically have opposed marijuana use in the state. Their stance has altered over the last year or so, and it appears that now they would be open to the idea of legalizing marijuana for recreational use.
In a recent 74-page report, a political panel suggested that “legalizing and regulating pot would benefit public health, has the potential to generate ‘substantial’ tax revenue for the state, and would lessen disproportionate effects of incarceration and criminalization on minority communities.”
This report could change the lives of New York residents, in particular those who have been reprimanded for cannabis use in the past.
The report also suggests the following rules apply, if weed does in fact becomes legal for recreational use:
- The legal age to buy marijuana should be no lower than 21.
- The state should expunge the criminal records of individuals with marijuana-related offenses.
- The maximum amount for purchase in one transaction should be one ounce.
Of course, this is early days, but the potential for legalization to happen seems pretty high. This means we could soon be seeing an increase in legal cannabis sales – as well as CBD oil – in New York. And more importantly, a decrease in opioid misuse!
Final Thoughts on CBD Oil in New York
Whether you are a backer of cannabis or not, it is difficult to ignore the perceived benefits of CBD oil that so many patients have been claiming over the past 2-3 years. New and promising reports are continuously surfacing in regard to the plant and its cannabinoids.
Therefore, it seems likely that more and more states will adopt a stance similar to that of New York, and make all forms of cannabis more accessible to those who truly need it.
Even for those who do not have a current medical marijuana card in the state, there are plenty of options for finding and purchasing high-quality CBD oil in New York. Take your time to research a quality brand, and as always, feel free to let us know if you have any specific comments, questions, or concerns.
In this informative guide, we provide everything you need to know if you want to possess or buy CBD oil in New York. Take a minute to inform yourself!