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Is CBD Legal in New York? (April 2024)

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Yes, CBD oil derived from industrial hemp is legal in New York as long as it contains no more than 0.3% tetrahydrocannabinol (THC). The state follows the regulations set forth in the 2018 federal Farm Bill, which decriminalized industrial hemp and hemp-derived products. However, CBD derived from marijuana is not legal unless it is used by certified patients with qualifying medical conditions in New York.

New York CBD Laws

In 2015, New York initiated its Industrial Hemp Agricultural Pilot Program, one year after the 2014 Farm Bill initiatives (7 U.S.C. §5940). This program, overseen by the state's Department of Agriculture and Markets (NYSDAM), allowed for the cultivation and research of industrial hemp plants. Individuals interested in growing and cultivating hemp were required to apply for program research partner permits.

In 2020, New York introduced the “Cannabinoid Hemp Program” through Chapter 1 of the Laws of 2020. This program regulates the production, processing, and sale of products containing cannabidiol (CBD). It establishes consumer safeguards to ensure proper manufacturing, scientific testing, and accurate labeling of cannabinoid hemp products.

Key points from the Hemp Bill, which created the cannabinoid hemp program, include:

  • The NYSDAM is responsible for overseeing the manufacturing, processing, packaging, and labeling of hemp extract products sold in the state.
  • Cannabis retailers, dealers, and manufacturers selling hemp-derived cannabis products must apply for cannabinoid permits.
  • The sale of beverages containing 20 milligrams of cannabinoid per 12 ounces is allowed if the hemp extract used was grown, extracted, and processed in New York.
  • Out-of-state hemp extract intended for animal and human consumption is prohibited, except where it complies with future New York legal provisions.
  • Hemp extracts must be labeled and packaged according to the requirements set by the New York Department of Agriculture and Markets.

The New York State Department of Health (NYSDOH), the agency administering the program, has recently updated the proposed regulations. Further updates or changes may occur, so it is advisable to visit the New York State Cannabinoid Hemp Program website to stay informed.

New York CBD Possession Limits

Currently, there are no possession limits for hemp-derived CBD products in New York. However, individuals found in possession of cannabis-derived CBD products may face penalties, even though the state has partially decriminalized cannabis. Medical marijuana users may obtain a thirty-day supply of non-edible, non-smokable marijuana-derived CBD products.

Can Doctors Prescribe CBD?

In New York, doctors can prescribe marijuana-derived CBD oil to patients who possess medical marijuana cards. These patients must be legal residents of New York, hold valid IDs, have written certifications from recognized physicians, and suffer from one or more qualifying medical conditions in the state.

Age Requirements for Buying CBD in New York

To purchase CBD products in New York, individuals must be at least 18 years old. However, for CBD smoke products, such as vape pens, the minimum age requirement is 21 years old.

Where to Buy CBD in New York

CBD oil can be purchased from CBD stores, vape shops, pharmacies, and organic food stores in New York. However, for a wider product selection, online purchases are recommended. Online stores often offer various CBD forms, including capsules, edibles, creams, balms, sublingual drops, concentrates, vape liquids, and pet products.

Buying CBD products online allows consumers to access detailed information, read customer reviews, compare similar items and prices, and purchase directly from CBD brands. Medical marijuana patients with valid cards can obtain marijuana-derived CBD oil from licensed dispensaries in New York.

Where to Buy CBD Online in New York

Pure Spectrum CBD

Established in 2015, Pure Spectrum CBD is an online CBD store that serves customers throughout America and offers free shipping for orders over $100.

Their product range comes in four categories: pure CBD and CBDA isolates, tinctures, hemp seed oil, and CBD for pets. All their CBD products are hemp based and contain less than 0.3% THC, which means that they are not intoxicating. The company is committed to organic cultivation practices and high processing standards including third-party testing.

Kanibi

Established in 2019, Kanibi is an online CBD store that's committed to “raising the bar” on CBD standards. Their product range is diverse, even including CBD chewing gum and sports creams. They also offer high potency CBD up to 1,500 mgs. All their CBD products are made from hemp that is grown in the US using organic practices.

They believe that the CBD manufacturing process should be transparent, meaning they double-test every single one of their products and never contain artificial colors, flavors, sweeteners,  or dyes. To top things off they offer free shipping on domestic orders exceeding $100.

Zatural

Established in 2018, Zatural was started by a naturopathic doctor and offers CBD products in three categories: recovery & relief, mood support, and sleep. They go the extra mile to offer free shipping on domestic orders over $5. This company has been featured on several reputable media outlets including WebMD, Men’s Journal, US Weekly, and Ministry of Hemp. What we love most about this company is the extensive and creative product range.

Zatural's extensive list of products is sourced from trusted sources here in the U.S. and worldwide. Each product is organically grown and is free from harmful chemicals and additives. Zatural products are third-party tested to ensure each product is safe.

Lydia K. (Bsc. RN) is a cannabis writer, which, considering where you’re reading this, makes perfect sense. Currently, she is a regular writer for Mace Media. In the past, she has written for MyBud, RX Leaf & Dine Magazine (Canada), CBDShopy (UK) and Cannavalate & Pharmadiol (Australia). She is best known for writing epic news articles and medical pieces. Occasionally, she deviates from news and science and creates humorous articles. And boy doesn't she love that! She equally enjoys ice cream, as should all right-thinking people.