CBD Oil in New York: Everything You Need to Know

When you get caught between the moon and New York City, could you buy CBD? OK, we know that’s not as catchy as “Arthur’s Theme,” but it’s a pretty common question nowadays. Indeed, ever since NY’s Department of Health seized CBD edibles in 2019, CBD’s legality in NYC has come into sharp focus.

Today, hemp-derived CBD oil in New York is legal if it has ≤ 0.3 percent THC. According to the Department of Health, the only exception to this rule is CBD edibles. However, CBD capsules, tinctures, and creams are legal in New York if they meet the definitions put forth by the 2018 US Farm Bill.

So, whether you’re in Brooklyn or Buffalo, you can enjoy a bottle of Avid Hemp’s CBD oil in New York. However, there are a few intricacies in the Empire State’s hemp regulations that locals should be aware of.

Shortly after the 2018 US Farm Bill went into law, New York legislators put together their own “Hemp Bill” to clarify the state’s stance on CBD. Officially titled Bill S6184A, this new law allowed for the cultivation, manufacture, and sale of hemp in New York State. Thanks to this legislation, hemp-derived CBD products that meet New York’s quality standards are now legal.

So, what are New York’s standards for hemp extracts? Most importantly, all CBD products must have no more than 0.3 percent THC content. If goods are produced in New York State, they must come from hemp farms working with the New York Department of Agriculture. All out-of-state CBD products must have third-party lab verification that clearly shows the total cannabinoid content.

Another significant issue New York brings up in its “Hemp Bill” has to do with labeling CBD products. Not only do CBD goods have to have proper nutritional labels, they also can’t be sold as a therapeutic product. CBD is considered a “nutritional supplement” in New York, hence it can’t make any direct health claims.

Hemp smoking is one of the latest trends in the CBD industry. Since smokable hemp flowers are such a new fad, many states like New York don’t have explicit laws governing this product’s sale and use.

Technically, smokable hemp flowers with ≤ 0.3 percent THC should be considered legal in New York. Unfortunately, because hemp looks and smells like marijuana, it’s often difficult for law enforcement to tell the difference.

However, it’s worth noting that New York recently decriminalized the use and possession of small amounts of recreational marijuana. Today, New Yorkers caught with two ounces of marijuana will not face misdemeanor charges. Instead, residents now have to pay a fine of between $50 – $200 if cops discover two ounces or less of marijuana.

While this doesn’t mean recreational marijuana is legal in New York, it suggests the Empire State is becoming more open to the idea of marijuana legalization. As more New Yorkers learn the differences between smokable hemp and marijuana, there might be increased tolerance in the future.

Until that day arrives, New Yorkers who want to smoke CBD hemp flower must practice extreme discretion. It’s best to smoke hemp flower indoors and far from public view.

Currently, there are no laws banning the use or sale of hemp-derived CBD cartridges in New York. As long as these CBD e-juices have less than 0.3 percent THC, they are technically legal in the Empire State.

The main feature vapers have to research when shopping for e-juices is nicotine content. NY Governor Andrew Cuomo recently banned the sale of flavored e-juices and vape pens that have nicotine. If there’s no nicotine or THC content, then your CBD cartridges are OK in New York.

The legality of CBD edibles is the most contentious issue in New York’s current hemp policy. The New York Department of Health continues to express concerns over CBD’s use as a food additive, and the state government has yet to formulate laws that directly tackle this issue. According to the latest report from NY DOH, CBD cannot be legally added to food or beverages.

In 2019, DOH officials raided dozens of restaurants in NYC that were selling CBD edibles and drinks. Despite complaints from business owners, NY DOH maintains vendors can only sell CBD as “dietary supplements.” 

There are, however, indications that New York is trying to be more lenient on this issue. For instance, infused beverages with no more than 20mg of CBD per 12 ounces were legalized in April of 2020.

As for CBD edibles, however, New York has not released any updated guidelines. Barring significant legal changes at the state or federal level, it’s safe to assume CBD edibles are illegal in New York. 

Could I Buy Full-Spectrum CBD In New York?

Of the many varieties of CBD now on store shelves, some New Yorkers have questions about products listed “full-spectrum.” Unlike broad-spectrum, distillate, and isolate, full-spectrum CBD could contain ≤ 0.3 percent THC. Because there’s a bit of THC in full-spectrum CBD oils, many customers feel leery about their legality.

However, as long as your full-spectrum CBD oil comes from hemp, it’s perfectly legal to purchase CBD oil in New York. Just be sure to avoid CBD goods with higher than 0.3 percent THC.

As a caveat: anyone on New York’s medical marijuana plan could legally purchase marijuana-derived CBD oils. As always, be sure to ask your doctor for approval before buying medicinal-grade CBD goods at a dispensary.

Where Could I Buy CBD In New York?

It’s becoming increasingly common to find CBD products all over New York. Although you could probably find CBD lotions in any department store, the best places to find various CBD goods include health & wellness markets, spas, and vape shops. Accredited naturopathic doctors also might have high-quality hemp supplements on hand.

The only CBD products you might have trouble finding in New York are edibles and infusions. As mentioned above, CBD edibles are technically illegal in the Empire State. Until there’s greater clarity from Albany or Washington, you might want to avoid these products. 

New Yorkers on the state’s medical marijuana program could also order CBD goods at their local dispensary. Just be sure you have the proper documentation and a doctor’s approval before visiting these shops.

If you can’t find what you’re looking for near you, don’t forget to check out reputable online CBD shops like Avid Hemp. All of our high-quality CBD goods are third-party screened to ensure they meet New York’s stringent standards. You could find out more about the quality of our products by visiting this webpage.

Where Could I Learn More About CBD?

Despite the current issues surrounding CBD edibles, New York is an excellent state for recreational CBD users. Just be sure you’re purchasing high-quality, hemp-derived CBD goods with no more than 0.3 percent THC. As long as your products meet these criteria, NYPD has no beef with CBD. 

For those interested in learning more about hemp in New York, we encourage you to contact the state’s Department of Agriculture and Markets. Interestingly, New York is becoming a hotspot for hemp growers, and the government now sponsors a professional Industrial Hemp Agricultural Research Pilot Program. Be sure to visit this link to find out more about the legality of cultivating and manufacturing hemp in the 11th state.

You might also want to check out the New York State Medical Marijuana Program for more details on how to qualify for medical-grade CBD. Be sure to click this official NY Department of Health link for more info. 

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