Is CBD legal in New York? Can you buy CBD oil in New York? We’ll cover these questions, and more, in this legislative review.
TL;DR:Â In New York, CBD derived from hemp is legal. They follow same federal guidelines of the Farm Bill which specifies that CBD products are legal as long as they contain less than 0.3% THC content.
Let’s go over some more about New York CBD laws, and licensing requirements within the Empire State.
What is CBD?
CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space of the cannabis plant with THC.
Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative,  pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.
It is important to understand exactly what CBD is when looking into the laws within New York.
CBD is a Cannabis Derivative
Cannabidiol, or CBD, is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant.
This is an important distinction to keep in mind. Both the industrial hemp plant and marijuana both fall under the cannabis plant species.
CBD is also a non-psychoactive cousin of THC, which means CBDÂ cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%.
Related: THC vs CBD
Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high.
In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.
Supplementing with CBD oil is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD oil research over the last few years is significant. Investments done in research and development are numerous.
The FDA is still figuring out their approval process for CBD, so until this is complete, CBD oil will not be able to achieve the status of a dietary supplement.
Why is CBD Illegal in Some Places?
This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, and do not regulate finished CBD products.
This is the case in New York, where hemp byproducts have been reclassified as agricultural products separate from marijuana.
Public Health (PBH) CHAPTER 45, ARTICLE 33-B defines hemp as:
“the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis.”
How Did the Farm Bill Help Industrial Hemp?
The 2018 Farm Bill brought a revolution for hemp and industrial hemp products. The cultivation of hemp became federally legal for recreational purposes when this was passed.
This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.
The United States FDA and CBD Oil
The Food and Drug Administration has the authority of regulating CBD oil product labeling, monitoring therapeutic claims for CBD oil, and the usage of CBD for recreational and dietary purposes. The FDA, currently, does not allow the advertisement of hemp-derived CBD oil as a dietary supplement, or as an additive to food and beverages.
The FDA must authorize any health claims that CBD oil products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.
While the Food and Drug Administration maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD oil as a dietary supplement.
In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.
Let’s move on to CBD oil in New York, and talk about the legal status.
Is CBD Legal in NY?
Yes, CBD products are legal in New York.
New York follows the same federal guidelines as the Farm Bill of 2018. If you want to buy CBD products in this state, look for products that are derived from hemp and contain less than 0.3% THC content.
You’ll be good to go.
Licensing Requirements for CBD in NY
Licenses for CBD products containing less than 0.3% THC are not needed, according to NY state law.
ARTICLE 33-B, Regulation of Cannabinoid Hemp and Hemp Extract (Section 3398) covers the regulations for hemp growers and processors.
New York also requires that, “Every cannabinoid hemp processor shall contract with an independent commercial laboratory to test the hemp extract and products produced by the licensed processor.”
This is also known as third party testing, and some states legally require it while others don’t. It’s not uncommon to legally require this, because it’s how you prove the products are not marijuana derived.
Click here to learn more about the New York Industrial Hemp Program.
New York CBD Possession Limits
You are allowed to possess CBD items within New York. There is no license required for this.
Remember, though, CBD infused food and beverages are currently not allowed in this state.
Buy CBD in New York
To be honest, CBD oil products (also known as hemp oil) are all over the place in New York. Consumers buy CBD oil and hemp derived CBD products from a variety of online stores, or brick and mortar retailers.
I want to caution you, though, to be extra careful when buying CBD oil online. New Phase Blends is a veteran owned and operated CBD company. We offer nothing but premium CBD oil that comes with a 30 day money back guarantee.
At least give us consideration before you purchase CBD products – I know you’ll be happy with your purchase.
In the summer of 2020, the FDA conducted a study on CBD products from different brands. It reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive.
I would hate to see a bogus CBD oil company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here.
Is CBD Legal in NY? | Final Thoughts
Yes, CBD oil is completely legal in New York. They basically just follow the federal guidelines covered in the Farm Bill.
There are no weird grey areas or other strange laws that revolve around hemp, or hemp derived products.
If you are curious about federal guidelines for CBD products, take a look below:
- Hemp-derived CBD oil is legal
- It must contain less than 0.3% THC (a broad spectrum CBD oil will contain almost no THC, while full spectrums can contain up to 0.3% – FYI)
- I recommend that the CBD labels include a QR code that scans to a third-party lab result
- Marijuana-derived CBD is not legal
That about wraps up covering the legalities of CBD oil within New York.
