Is CBD Oil Legal in New York?

Oct 27, 2020

Is CBD Oil Legal in New York?

Is CBD oil legal in New York? Yes! Learn about the key bills and events that made it happen and where the state is headed.

Yes! CBD oil is legal in New York as long as it contains no more than 0.3 percent THC (tetrahydrocannabinol). This includes growing, selling, and purchasing hemp and hemp-derived products. 

While states such as Nebraska and Idaho have had a complicated CBD journey, New York’s has been relatively smooth. If you’re interested in purchasing CBD products, keep in mind that opinions and regulations on hemp differ across the country, which requires vigilance to ensure you’re not stepping out of legal boundaries. So stay informed by reading about New York’s regulations on CBD below.  

New York’s Path to Hemp Legalization

Since Congress reintroduced hemp in the U.S., New York saw hemp as a profitable opportunity. Not only did the state follow in the footsteps of federal hemp laws, but its lawmakers invested time and effort in establishing regulatory guidelines for their state. 

2014 - S7047/A9140, Industrial Hemp Agricultural Pilot Program

After President Barack Obama signed the 2014 Farm Bill, New York launched its Industrial Hemp Agricultural Research Pilot Program in June 2014. 

This program authorized institutions of higher learning and local farmers to grow industrial hemp for research purposes. Officials wanted to gain more knowledge about hemp and use this insight to develop a successful industry when the time came. 

The New York Department of Agriculture and Markets oversaw this program and distributed licenses to universities/colleges and farmers. The new Article 29 of the agriculture and markets law defined industrial hemp as hemp derived from Cannabis sativa with a THC concentration of no more than 0.3 percent. 

2016 - A9310/S6960

In August 2016, New York modified its Pilot Program to allow the processing, sale, transportation, and distribution of industrial hemp. This bill, A9310, was passed unanimously. 

This was a significant milestone in the state’s CBD journey. It marked the beginning of an economic opportunity officials hoped would bring them to the forefront of the hemp industry. 

2019 - S6184/A7680, The Hemp Law

Even though New York’s Agricultural Pilot Program granted several permits to farmers and businesses, there weren't clear rules around the licenses. For example, they didn’t specify which specific market (growing, manufacturing, and extracting) individuals/businesses were a part of.

After the approval of the 2018 Farm Bill, New York Governor Andrew M. Cuomo signed legislation S6184/A7680, also known as the hemp law. This established a regulatory framework that aimed to streamline the production and sale of hemp and hemp extract in New York. 

State lawmakers saw this bill as a way to protect New York’s booming hemp industry with safe and organized practices. Specifically, the legislation: 

  • Required hemp product retailers, wholesalers, and manufacturers to register for licenses and permits. Licenses were split into two groups: industrial hemp (products grown for industrial fiber or grain purposes) and hemp extract (hemp-derived products intended for human/animal use like CBD oil). 
  • Required the hemp industry to test and label their products.
  • Gave the New York Department of Agriculture and Markets supervision over hemp growers.
  • Granted the New York Department of Health supervision over hemp extract/CBD products.

Looking Ahead: The Future of Cannabis in New York

As CBD products have become more mainstream in New York, regulatory agencies have been mediating how CBD is being used and sold. 

For instance, restaurants are no longer allowed to add CBD to their food and beverages. The New York City Department of Health stated that until cannabidiol is considered safe as a food additive, restaurants cannot offer CBD-infused items. 

Moreover, New York’s CBD movement has helped to pave the way for the decriminalization of marijuana possession. Most recently, Governor Cuomo approved a bill that broadened the pool of individuals eligible to have their low-level marijuana convictions removed. Cuomo felt that many communities, especially those of color, have been unreasonably impacted by laws ruling marijuana and wanted to change this. 

With New York’s latest regulatory guidelines, it’s unclear how the state’s regulations on hemp and marijuana will continue to evolve. Cannabis laws are changing rapidly across the U.S. and at all levels of enforcement so stay informed on the latest developments. 

Shopping for CBD Oil in New York

CBD oils can be found at brick and mortar shops across the state and online, which opens up numerous product and brand options. So how do you choose? 

No matter how legitimate a brand might be or what kind of reputation it has, always do your research. You should know exactly what you’re putting into your body. 

This requires asking: 

  • Has this product gone through third-party lab testing, and do I have access to these test results? Transparency is everything. Look out for products with QR codes available. These codes will give you access to lab test results and product specification sheets. 
  • Has this product gone through safe, CO2 extraction and refinement methods? During the production process, the cannabinoids should be extracted from the plants using supercritical CO2. This method creates higher quality oils that are free of solvents.
  • Where and how was the hemp plant cultivated? High-quality CBD products are derived from healthy plants grown in organic, nutrient-rich, and contaminant-free soil. 

Stay Educated with Hemplucid

Learning about CBD can get a bit overwhelming and confusing. Here at Hemplucid, we provide reliable information to help you make educated decisions. So check out our FAQ page and learn more about our products today. Each of our items comes with a QR code, which gives you access to lab results and product specification sheets.