New York

In June 2019, legislation providing a thorough regulatory framework for hemp and CBD was approved by the New York State Senate. The Hemp Bill (S6184A) , also known as the Marijuana Legalization and Regulation Act, will become law in thirty days once it is signed by Governor Andrew Cuomo. However, some of the legislation's more contentious elements may be challenged, delaying its implementation.
The only legal way to cultivate hemp in New York now is through the New York Industrial Hemp Agricultural Research Pilot Program.  To apply, interested people must contact the New York Department of Agriculture and Markets , which costs $500. Approved applicants will be issued a Research Partner Agreement .
In New York, CBD-infused products and drinks are not permitted. Voluntary removal, seizure, or destruction of the product, a fine, and failing a health inspection are all possible penalties for selling CBD-infused food and beverages. All forms of CBD oils and tinctures are lawful. Therapeutic claims cannot be made regarding CBD.

Table of contents

1. Brief info

  • Is CBD Legal in New York?
 The products that contain less than 0.3% THC are federally legal in New York.
  •  Who Can Buy CBD in New York? 
Individuals at the age of 18 or over.
  •  Who Can Grow CBD Products in New York?
People that have a license issued by the government.
  •    Who is protected from criminal offenses regarding CBD use?
The ones who didn’t exceed the dosage and possession limits of CBD.
  • More in-depth information about the state regulations and laws.

2. New York CBD laws

In June 2019, legislation providing a thorough regulatory framework for hemp and CBD was approved by the New York State Senate. The Hemp Bill (S6184A), also known as the Marijuana Legalization and Regulation Act, will become law in thirty days once it is signed by Governor Andrew Cuomo. However, some of the legislation's more contentious elements may be challenged, delaying its implementation. The June 2019 Hemp Bill includes the following changes:
  • The New York State Department of Agriculture and Markets has the power to oversee hemp extract production, processing, packaging, and labeling in New York State.
  •  Cannabis products produced from hemp must be licensed by the state.
  • It is permissible to sell beverages containing 20 milligrams of CBD per 12 ounces in New York, however only if the hemp extract was produced, extracted, and manufactured in the state.
  • Unless it satisfies New York standards and regulations, which will be announced in the future, the sale of out-of-state hemp extract for human and animal consumption is prohibited.
  • Hemp extracts must be packaged and labeled in accordance with New York State Department of Agriculture and Markets rules, with a Supplement Fact panel where appropriate, as well as a QR code that provides additional information. No product may make any therapeutic claims.
There are currently no clear laws in New York for cannabis, and the Hemp Bill is awaiting Governor Cuomo's signature. The departments of health and agriculture in New York State are now using a catch-all enforcement approach to stop unlawful CBD products from being offered illegally. In New York, CBD-infused products and drinks are not permitted. Voluntary removal, seizure, or destruction of the product, a fine, and failing a health inspection are all possible penalties for selling CBD-infused food and beverages. All forms of CBD oils and tinctures are lawful. Therapeutic claims cannot be made regarding CBD.

Licensing Requirements

The only legal way to cultivate hemp in New York now is through the New York Industrial Hemp Agricultural Research Pilot Program.  To apply, interested people must contact the New York Department of Agriculture and Markets, which costs $500. Approved applicants will be issued a Research Partner Agreement. The licensing requirements for hemp farmers, manufacturers, extractors, and retailers will change under the 2019 Hemp Bill. The bill has not yet been enacted, but it offers farmers, producers, and extractors of industrial hemp certain parameters. All applicants will undergo background checks to ensure that they are of good moral character and have the necessary knowledge and skills to farm hemp. In order to apply for a license, applicants must first go through the New York Department of Agriculture and Markets. The most comprehensive license available is for cannabinoid extractors. Licensed businesses will be subject to random inspections on a biannual basis, and their licenses will be renewed biannually. The Department of Agriculture requires manufacturers and growers to employ an independent testing laboratory that has been certified by the commissioner for routine testing. The department must be provided with test results.

Where to Buy CBD Products Legally In New York?

In New York, CBD and other hemp-derived goods are openly available for sale in licensed retail outlets in Brooklyn, Buffalo, Syracuse, and other municipalities and boroughs of the state. CBD products are legal for anyone over the age of 18 to purchase. However, vendors would be required by proposed rules to restrict CBD vaping or smoking goods to people under the age of 21. Packaging, labeling, and laboratory testing requirements are also addressed in the proposed rules. Only qualified patients with serious health problems such as post-traumatic stress disorder (PTSD), epilepsy, and opioid use disorder need medical marijuana cards, certifications, and prescriptions. Individuals seeking to purchase Epidiolex, a drug containing only cannabidiol that has been authorized by the US Food and Drug Administration, must have a prescription. Customers must present their medical marijuana card and prescription to purchase from a registered dispensary. The BBB's website can help consumers find the greatest CBD products in New York. The Better Business Bureau (BBB) highly rates the following CBD companies and shops:
  • Plant People Inc. in Chinatown, N.Y. (with the main office in New York City)
  • Chico’s Oils LLC in Valley Cottage, N.Y.
  • BKLYN CBD in Brooklyn, N.Y

Medical Cannabis in New York

The New York State Department of Health urges all New Yorkers to cease using vape products until the true cause of vaper-related serious pulmonary (lung) illnesses across the United States can be discovered. There have been no reports of adverse events linked with authorized medicines in the NYS Medical Marijuana Program due to the outbreak since the investigation began. The Department of Agriculture has approved marijuana-derived medicines for sale in the state, and the products are rigorously tested for pesticides, mold, and THC/CBD concentration. However, in the interest of public health, the government encourages the patients enrolled in the medical marijuana program to consult with their doctors regarding other alternatives to vaping goods as the inquiry continues.

Steps to Receive a Medical Marijuana Card in New York

Step 1: Book an Appointment

Visit a certified physician and get a document confirming your condition, and that treatment with cannabis is appropriate. 

Step 2: Application

Fill in the online application and wait for approval. 

Step 3: Receive the Card 

Receive your card after 35 days of your submission.  

New York CBD possession limits

There are currently no possession limits for hemp-derived CBD products in New York. Patients seeking to possess a thirty-day supply of non-smokeable, non-edible, cannabis-derived CBD products can do so lawfully. Those who are discovered in possession of cannabis-derived CBD products in New York may face penalties, even though cannabis was decriminalized to a certain extent in August 2019.

3. Notes

  1. Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
  2. Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139.