Is CBD Oil Legal in New York?

  1. New York Cannabis
  2. New York CBD

What is CBD?

CBD is short for cannabidiol, one of the several chemical compounds or cannabinoids found in hemp and marijuana. Unlike THC which is the psychoactive component found in cannabis, CBD does not get people high.

While CBD possesses analgesic and anti-inflammatory capabilities, studies remain inconclusive regarding the specific conditions that may be treated with the drug and its dosage. However, in July 2020, the United States Food and Drug Administration (FDA) approved Epidolex, a CBD oral solution for treating seizures related to tuberculosis sclerosis complex in patients aged one year and older. Earlier, the CBD drug had been approved by the FDA for the treatment of seizures associated with Dravet Syndrome and Gastaut Syndrome.

Cannabinoid hemp products include a variety of CBD-containing tinctures, oils, topicals, tablets, capsules, and foods and beverages designed for human consumption or application due to their cannabinoid content. The State of New York authorizes the sale of various CBD products, but not CBD vape or smoking products or CBD-infused food.

Following the removal of hemp from substances classified as Schedule I drugs under the Controlled Substance Act by the 2018 Farm Bill, hemp may now be cultivated in the U.S. per federal law. Hence, CBD-derived products are now legal in the United States, provided they have less than 0.3% THC. Although the 2018 Farm Bill permits states to enact laws prohibiting the use of CBD in their jurisdictions, New York legalized CBD contingent upon specific requirements or restrictions.

Is CBD Oil Legal in New York?

Industrial hemp-derived cannabidiol CBD oil is legal in New York, provided it contains no more than 0.3% tetrahydrocannabinol (THC). The state abides by the 2018 federal Farm Bill which decriminalized hemp-derived products and industrial hemp. Marijuana-derived CBD is not legal but may be used only by certified patients suffering from one or more of the qualifying conditions in New York.

What are New York CBD Laws in 2022?

New York began its Industrial Hemp Agricultural Pilot Program in 2015, one year after the 2014 Farm Bill initiatives (7 U.S.C. §5940). The program was established under the state's Department of Agriculture and Markets (NYSDAM). The program allowed for the cultivation and processing of industrial hemp plants for research purposes. Individuals seeking to grow and cultivate hemp were required to apply for program research partner permits.

In 2020, New York launched a new "Cannabinoid Hemp Program" pursuant to Chapter 1 of the Laws of 2020. The program controls the processing, production, and sale of products containing cannabidiol. In response to the recent production and use of cannabinoid hemp products on the market, the program establishes fundamental consumer safeguards to guarantee that cannabinoid hemp products are properly manufactured, scientifically tested, and appropriately labeled.

Key takeaways from the Hemp Bill, which established the cannabinoid hemp program, include:

  • The NYSDAM is authorized to oversee the manufacturing, processing, packaging, and labeling of hemp extract products marketed in the state.
  • Cannabis retailers, dealers, and manufacturers selling hemp-derived cannabis products must apply for cannabinoid permits.
  • Permission for the sale of beverages containing 20 milligrams of cannabinoid per 12 ounces is legal in the state of New York, but only if the hemp extract was grown, extracted, and processed in the state.
  • Prohibition of the sale of out-of-state hemp extract intended for animal and human consumption except where it complies with any future New York legal provisions.
  • A requirement for the labeling and packaging of hemp extracts in accordance with New York Department of Agriculture and Markets requirements.

The New York State Department of Health (NYSDOH), the state agency administering the program, recently updated the proposed regulations to implement the program. The NYSDOH may yet make more updates or changes to the rules. To stay abreast of changes or updates to the Hemp program regulations, check the New York State Cannabinoid Hemp Program website.

What are New York CBD Possession Limits?

Currently, there are no possession limits for hemp-derived CBD products in New York. Additionally, a medicinal marijuana user may obtain a thirty-day supply of non-edible, non-smokable marijuana-derived CBD products. While the State of New York decriminalized cannabis to a certain extent, individuals found in possession of cannabis-derived CBD products may face sanctions.

Can Doctors Prescribe CBD Oil in New York?

New York State permits doctors to prescribe marijuana-derived CBD oil to persons who have obtained medical marijuana cards. These persons must be legal New York residents, have valid IDs, possess written certification from recognized physicians, and suffer from one or more of the qualifying medical conditions in the state.

The qualifying medical conditions for which marijuana-derived CBD oil may be prescribed in New York are:

  • Amyotrophic lateral sclerosis
  • Cancer
  • Crohn's disease
  • Chronic pain
  • Chronic inflammatory demyelinating polyneuropathy
  • Epilepsy
  • HIV/AIDS
  • Huntington's disease
  • Inflammatory bowel disease
  • Multiple sclerosis
  • Neuropathies
  • Post-traumatic Stress Disorder (PTSD)
  • Spinal cord damage
  • Parkinson's disease
  • Ulcerative colitis

What are the Licensing Requirements for CBD in New York?

For persons interested in growing hemp in New York State for any purpose, the state requires that they obtain authorizations as Research Partners from the Department of Agriculture and Markets (NYSDAM). NYSDAM continues to administer the Industrial Hemp Agricultural Research Pilot Program, established by New York State law and the 2014 Farm Bill. To be eligible to apply for a hemp grower license in New York, the applicant must provide the following:

  • A description and map of each facility where industrial hemp will be grown, by physical address and GPS coordinates, graphically portraying the buildings, structures, and improvements on the property and their intended purpose, and outlining the essential activities undertaken at the location.
  • A comprehensive research plan and outline of the issues and subjects that the applicant proposes to explore in connection with industrial hemp cultivation or growing
  • A marketing plan
  • Propagule/seed acquisition plan
  • Statement of experience of the person responsible for the research project. The statement of experience must be relevant to the research project.
  • A non-refundable application fee of $500

Note that due to a change in federal law, authorizations to grow hemp in New York State in compliance with the 2014 Farm Bill will expire January 1, 2022.

Permission to conduct research as part of the Department's pilot program is not a right. The NYSDAM has exclusive authority to give such an authorization based on, among other things, its requirements or interests, the proposed project's appraisal, and the applicant's skills and expertise. Among the disqualifying criteria are the following:

  • An incomplete or incorrect application
  • Poor research design
  • Lack of qualification or experience to undertake the project proposed
  • Recent felony convictions for drug-related offenses of researchers
  • Proposing to use an existing Research Partner's registered growing or processing site
  • The inability of the Department to adequately oversee or regulate the planned project effectively
  • The suggested medical research project

Part 1005, Title 10 of the Official Compilation of Codes, Rules, and Regulations of the State of New York establishes application requirements and licensure for cannabinoid hemp processors in the State. Before selling cannabinoid hemp products to consumers in New York, a business establishment must obtain a cannabinoid hemp retail license.

Additionally, distributors of cannabis hemp products manufactured outside of New York State for resale to registered cannabinoid hemp retailers in New York State must obtain a cannabinoid hemp distributor permit to undertake this business. Retail licensees and distributor permits for cannabis hemp products may only sell items that fulfill the regulatory criteria established by the New York State Cannabinoid Hemp Program.

Depending on the category of license required, it is recommended that you acquaint yourself with the Cannabinoid Hemp Program Regulations or the Cannabinoid Hemp Retailer Guidance Document on the New York State government website.

Before applying for a retail and distributor permit, the following requirements are expected in the application to be submitted:

  • The primary contact information of the applicant
  • The business location of the applicant
  • The proposed hours of operation
  • Evidence of New York State Sales Tax Registration showing that you are registered to collect sales tax in the state.
  • Proposed source of cannabinoid hemp products, including the name and contact information for manufacturers or distributors
  • Proposed types of cannabinoid hemp products to be sold
  • An attestation declaring that the applicant will comply with the rules and regulations of the New York State Cannabinoid Hemp Program
  • Payment of a $300 cannabinoid hemp retail license fee for each retail premises selling cannabinoid hemp products, or a $300 distributor permit fee. Both distributor permit and cannabinoid hemp retail license are valid for one year, expiring on the anniversary of the dates of issuance.

New York State separates the cannabinoid hemp processor license into two types: Extracting and Manufacturing; and Manufacturing Only. The Extracting and Manufacturing license type permits a processor to isolate or extract cannabinoids from hemp to form crude oil, distillate, isolate, or other intermediary product to be refined or processed into a final cannabinoid hemp product. This license also permits the manufacturing of final cannabinoid hemp products. The Manufacturing Only license type allows a processor to purchase crude oil, distillate, isolate, or other intermediary product to manufacture final cannabinoid hemp products. The following are required to complete the cannabinoid hemp processor license application:

  • A summary of the business plan
  • Extraction method
  • Proposed source for obtaining cannabinoid hemp and cannabinoid hemp extract
  • Workers' compensation attestation
  • Certification of product liability insurance
  • Evidence of the certificate of occupancy
  • Any additional permits or licenses issued at the facility location
  • Ownership and management information for the business, including owners and percentage ownership.

For more information on requirements and licensing applications for retailers, distributors, and processors, visit the Cannabinoid Hemp Program Licensing Application page on the New York Department of Health Website.

Part 1005.9, Title 10 of the Official Compilation of Codes, Rules, and Regulations of the State of New York stipulates packaging and labeling requirements for cannabinoid hemp products in New York State. In accordance with the statutes, all cannabinoid hemp products offered for sale or distributed in New York State must include the following product label or packaging information:

  • A supplement or nutritional fact panel based on the number of servings in the container which include:
  • the list of ingredients in descending order of predominance by weight, including but not restricted to the total Δ9-THC concentration, CBD, and any other cannabinoids over 0.05%; and
  • the number of servings per container or package, the quantity of measurable cannabinoids per serving in milligrams, and the product's overall cannabinoid content. If relevant, the label should indicate the quantity of total Δ9 Tetrahydrocannabinol in milligrams per serving and milligrams per package
  • The expiration date. A hemp extract label must indicate the product's expiry year and month.
  • The batch or lot number. The batch number is a unique identifier printed on the product that allows for the tracking of the product's manufacturing history. The batch number on a particular product helps to trace the lot to which the product belongs. If a single product is contaminated, the whole batch can be traced and recalled.
  • The name of the cannabinoid hemp processor or out-of-state manufacturer. The label should include the name, address, and contact information for the appropriate cannabinoid hemp processor or out-of-state manufacturer.
  • A scannable QR code or barcode linked to a downloadable certificate of analysis
  • The state from which the hemp used in the product was obtained or if sourced from beyond the United States, the country of origin
  • A means for reporting side effects or serious adverse events
  • Any other marking, symbol, or statement as required by the Department

Note that the Department also prohibits cannabinoid hemp products from being packaged in ways meant to target persons under the age of 21. These products must be accompanied by recommended dosing and clear usage instructions and packaged in tamper-evident packaging that minimizes oxygen and light exposure to prevent degradation of the cannabinoid constituents and final products.

Where to Buy CBD in New York?

You may purchase CBD oil from CBD stores, vape shops, pharmacies, and organic food stores in New York. However, it is more likely that you will find a greater product selection than most local shops if you opt to purchase online. Online stores typically offer CBD in the form of capsules, edibles, creams, balms, sublingual drops, concentrates, vape liquid, and pet products.

Additionally, purchasing CBD products online enables you to obtain detailed information about each product, such as consumer review, compare similar items and product types, and compare prices to get a good deal. Also, CBD brands often have their own ecommerce stores, which enables consumers to buy CBD products directly from the source.

If you are a card-carrying medical marijuana patient in New York, you can obtain marijuana-derived CBD oil from licensed medical marijuana dispensaries located in the state.

New York CBD