Is CBD Oil Legal in NY ?

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If your question is, is CBD oil legal in NY, then the answer is yes. CBD oil derived from hemp is available in New York, but there are many restrictions in place to prevent its unethical use. It is only allowed to be manufactured and sold as a dietary supplement. There are also no claims to its therapeutic benefits. It is also available as lotions and balms.

If you are a resident of New York and you want to try medicinal CBD for pain relief or to alleviate any other discomfort, then you have to be careful about a few facts. Cannabidiol is gaining popularity as a pain relief supplement but it is still subject to a lot of research. Here are some of the things you need to know if you want to acquire CBD in NY.

However, according to regulations of the New York Department of Agriculture and Markets, CBD cannot be added to food and beverages. There is a comprehensive regulatory framework in place that takes care of the licensing, manufacturing, and sale of hemp-derived CBD. It was approved by the New York State Legislature in June 2019.

Status of Possessing Intoxicants in NY

To access CBD derived from cannabis, one has to have a valid New York State Medical Marijuana Program Card. Only medical cannabis has been made legal in New York since 2014. Otherwise, possession of cannabis for recreational or other purposes is still illegal.

In 2019 August, possession of marijuana was also decriminalized to a certain degree as lower fines have to be paid if found guilty of possessing small amounts of marijuana. Those who were convicted earlier were also expunged.

What is CBD Oil?

Contrary to popular belief, CBD or cannabidiol is not an intoxicating substance, although it is derived from cannabis. After THC, it is considered to be the second most potent cannabinoid. However, unlike THC, which has psychoactive effects, CBD derived from hemp plants has great potential for providing many therapeutic benefits.

It can help with pain reduction, relieve inflammation, and keep seizures in check. If you are concerned about whether CBD oil is legal in NY, then you can look for authorized dealers who are making CBD available as a health supplement. Because its therapeutic benefits have helped a lot of people, more CBD strains are also being cultivated.

Is CBD Oil legal in NY: Why is there confusion?

There was a time when all kinds of cannabis were declared illegal under the Federal Controlled Substances Act of 1970. This included even those hemp strains which did not produce enough THC to cause any intoxication. However, as they were all categorized under Schedule 1, it meant that they were dangerous when abused and they did not possess any medicinal benefits whatsoever.

It was only in the 2018 Farm Bill that hemp was re-categorized as an agricultural commodity. After that, some forms of cannabis were removed from Schedule 1, and the distinction between hemp and marijuana was stated. Hemp had 0.3% less THC where marijuana has 0.3% more of it. This legalized CBD to an extent provided the cultivation met the federal and state regulations.

To what extent is use of CBD allowed in New York?

As of now, according to the Food and Drug Administration, or the FDA, CBD cannot be added to any food and beverages. The FDA also has the right to regulate the CBD product labeling, determining whether it lives up to its therapeutic claim or whether it is a food additive.

Even then, the use of CBD oil derived from hemp is not legalized across the United States but now it is legal in New York. With more and more claims regarding its therapeutic benefits, the FDA is gradually revising its stance on CBD, although none of the regulations has been revised formally. The FDA also closely monitors any product that claims any medical benefits of CBD and the labeling is intensely scrutinized.

Besides, the states also have the authority to regulate or prohibit the cultivation of CBD for commerce. They can also regulate the food, beverage, and dietary supplements which have CBD. In New York, there is a regulatory framework in place which takes into account many of the FDA directives as well as coming with their own sets of regulations.

CBD Laws in New York

In June 2019, certain amendments were made to the Hemp Bill.

  1. The New York State Department of Agriculture and Market now had the authority to regulate the production, processing, packaging, and labeling of hemp extracts which are sold in New York State.
  2. Any retailer, wholesaler, or manufacturer who wants to sell products derived from cannabis or hemp must apply for a cannabinoid permit.
  3. The sale of only those beverages which contain 20 milligrams of CBD in 12 ounces is permissible. However, the hemp from which it is derived has to be grown in NY and the subsequent extraction and manufacture of the product.
  4. Any sale of hemp extracts grown out the state of New York is prohibited, be it for human or animal consumption. They have to meet some standards and regulations which will be further modified in the future.
  5. The packaging and labeling of hemp extracts should meet the New York Department of Agriculture and Markets. The extracts must also have a Supplement Fact panel along with a QR code set containing all the other relevant information. No therapeutic claims can be advertised.
  6. The New York Department of Health and Agriculture is doing all in its power to prevent the unlawful use of CBD.

Is CBD Oil Legal in New York?

Note: As long as the CBD Oil does not make any therapeutic claims, it is legal in New York

Oils, lotions, and salves meant for topical applications are also legal. If it is legal there are also no possession limits as such.

So, as a buyer, if you want to possess CBD Oil in New York, make sure that the product has the following information.

The product should contain:

  • Percentage or amount of active CBD per serving
  • Net weight of the product
  • Supplement fact panel with all relevant information
  • Manufacturer and Distributor name
  • Whether the product is isolate, broad-spectrum or full-spectrum
  • Intended use
  • Batch and date of manufacturing

Equipped with this information you can determine is CBD oil legal in NY or not and how to acquire it. Always make sure you get your CBD oil from registered facilities and manufacturers.


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Sumit Dhawan

Sumit Dhawan

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