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Is CBD Legal in NY?

Written By : Trevor Baum
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🕑 6 mins read

New York: It’s known and loved as the empire state.

And if you want to get into an empire state of mind, you may want to try CBD! This hemp-derived compound is safe, effective, and — yes — legal in New York.

Here are the details.

Is CBD legal in New York State and New York City. Yes and yes. Anyone over the age of 18 can freely buy and use CBD in New York.

However, there are still some important details you should know about, particularly when it comes to CBD edibles and similar products. Keep reading to learn more.

Farm bill 101

Hemp and cannabis have been closely controlled substances since 1970, when the Controlled Substances Act (CSA) created a long list of illicit drugs and associated penalties for their use/possession. According to this CSA, any form of Cannabis Sativa (including hemp), had no medical benefits whatsoever. Hemp was unfairly classified as a schedule 1 controlled substance.

In 2018, a bill was passed that would change all that. This federal bill paved the way for the CBD boom we’re seeing today.

The bill, known as the federal Farm Bill, legalized low-THC hemp and reclassified it as an agricultural product. The bill also legalized any and all hemp-derived cannabinoid products, including Delta-9 THC. <1>

2018’s federal farm bill even reduced the prosecuting power of federal agencies like the DEA — allowing hemp and CBD products to be transported across state lines and sold freely!

But the bill didn’t affect every state the same. That’s because it made provisions for states to introduce their own hemp laws. New York is a perfect example of a state that’s followed some FDA policies regarding CBD while modifying others.

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The New York State Senate passed their own hemp-specific bill in June of 2019.

Deemed Bill S6184A, this bill adds a few new specifications to the hemp bill’s baselines:

  • The State’s Department of Agriculture and Markets can regulate the “production, processing, packaging, and labeling” of all hemp-derived products sold in the State.
  • Anyone who wants to sell hemp-derived products (retailers, wholesalers, manufacturers, etc) must apply for a permit with the State.
  • CBD beverages can contain no more than 20mg of CBD per 12 ounces. In addition, their CBD content must be derived from NY-grown hemp.
  • All hemp products must be packaged and labeled according to the New York Department of Agriculture and Markets’s standards. They must have supplement fact panel, a linkable QR code, and other pertinent information. <2>

As mentioned above, hemp-derived products of all types are legal in New York State as long as they contain less than 0.3% THC. Familiar products include CBD oils, CBD drops, CBD edibles, CBD capsules, CBD vapes, CBD topicals, and much more! In addition, CBD-infused beverages should contain under 20mg of CBD per 12 ounces; other than that, the State doesn’t have many unusual regulations.

New Yorkers can buy CBD without needing a medical cannabis license (as long as they’re over 18, of course). Coffee shops often carry CBD-infused products, too.

CBD production: rules and regulations

The good news is that CBD oil and other CBD products are fully legal in New York State.

The bad news is that licensing can be tricky for those who want to become involved in the State’s hemp industry.

Since NY state laws favor locally produced hemp, many of the State’s farmers have turned to hemp farming. Hemp farmers must be licensed and approved to grow the crop per State regulations. This licensing application costs $500. Approved farmers obtain a “Research Partner Agreement” that allows them to grow hemp in a pre-designated area of their choice. <3>

Those who extract or manufacture hemp products are subject to extra regulations. All applicants are required to undergo background checks to ensure their character — and any relevant work experience.

The license for those who wish to extract hemp flower/biomass is most comprehensive. This type of license is renewed twice a year, and licensees are subject to random inspection of their facilities. CBD product extractors and manufacturers must contract with an independent lab to test their products, too.

CBD NY: What you need to know

On the bright side, CBD is fully legal in NY.

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One downside of this, however, is that less-than-premium products have begun to flood the CBD market. As a result, it’s become easy for brands that are only interested in their profit margins to enter the industry.

If you live in New York State, consider buying your CBD from a trusted health food store or online shop. Online CBD stores offer a surefire way to find premium, affordable products. Always look for and read the Certificate of Analysis of all products you are planning to purchase to ensure you are getting a quality product that has been tested for safety and potency.

Is CBD oil legal in NY? It’s not just legal — it’s the State’s most popular product of all!

Just don’t forget that any legal CBD oil, (sold in a store in NY) will have a few qualities:

  • Under 0.3% THC
  • Sold by a licensed vendor
  • Labeled properly w/ nutrition facts
  • Linked to QR codes
  • Lab-tested

What about marijuana oil?

New York also has a medical marijuana program for those looking for marijuana/cannabis oil. Only those with certain medical conditions may apply to this program, however:

  • ALS
  • PTSD
  • Cancer
  • Epilepsy
  • HIV/AIDS
  • Neuropathy
  • Chronic Pain
  • Multiple Sclerosis
  • Spinal Cord Injury
  • Parkinson’s Disease
  • Huntington’s Disease
  • Opioid-prescribed injuries
  • Inflammatory Bowel Disease

Other qualifying conditions include:

  • Seizures
  • Severe Nausea
  • Opioid Use Disorder
  • Severe or Chronic pain
  • Cachexia/Wasting Syndrome
  • Severe or Persistent Muscle Spasms

New York City has stricter CBD regulations than the rest of the State.

Adding CBD to food or drinks within city limits is actually illegal! Establishments that continue serving CBD-infused foods or drinks are subject to fines, warning letters, and other penalties. <4>

Nonetheless, note that you can still buy a range of CBD products (oils, drops, tinctures, vapes, etc) in NYC. You just can’t buy them from places that infuse these products into foods or drinks.

Experts expect these harsh regulations to be revised in the near future — but NYC CBD laws are still limiting now.

What about CBD and alcohol?

CBD and alcohol cab be a great pairing! In NYC, however, as noted above, the two substances don’t mix. That’s because combining them goes against the citywide regulation we mentioned earlier.

You can mix CBD and alcohol yourself anywhere throughout the state, of course...but if you want to purchase this combo from a restaurant or bar, you’ll need to venture out from NYC and try another city.

CBD legality: other details

Here are some other things you might want to know about CBD’s legality in NY.

Despite NYC’s increased regulations, CBD shops are super popular throughout the city’s boroughs. CBD is also very popular among the nature-loving inhabitants of Upstate New York.

Anyone who wishes to sell CBD in NY needs a specialized license. If selling edibles or beverages that contain CBD, extra licensure is needed. Many New Yorkers have started cottage industries where they sell homemade CBD products at farmer’s markets or fairs.

The best CBD oil in NY

Now that we’ve covered CBD’s legality in the State of New York, let’s take a look at where to find yourself some truly premium CBD products.

How to find premium CBD in NY

These days you can buy practically anything online — and CBD products are no exception.

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Just be sure to do your due diligence before you buy. Make sure the products you’re at are from a reputable brand that is transparent about its sourcing, ingredients and testing results. It’s also a good idea to read some online reviews to see what other customers are saying.

And if you feel like you need additional help selecting a CBD product, consider visiting one of the many in-person CBD stores popping up throughout the state. Most of these stores have educated workers who can guide you to products that match your state of health.

Buy CBD online in NY

If you’re feeling overwhelmed by all the product options out there, our team at Cannovia is always here to help. We carry premium CBD products available at a great price. Browse our online store today!

FAQ

CBD was federally legalized through the 2018 Farm Bill, which means it’s legal in all 50 states. NY (New York) sided with federal law and legalized CBD, too. So you can legally buy CBD Products in NY.

Yes, as we wrote before all Products that contain CBD and Pure CBD were federally legalized through the 2018 Farm Bill. And you can buy CBD Oil in NY.

Only buy from companies that can provide lab reports for their products. Avoid companies making outrageous claims about CBD. You can easily buy legal CBD NY at Cannovia.com!

You are from NY and you are looking for high-quality CBD products? Our team at Cannovia can help you. We have fast delivery! We specialize in premium CBD products crafted with pure, potent, and safe ingredients with fair and reasonable pricing. Go to our online store today!

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