CBD In New York

Complete Buyers Guide

NY CBD Update

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New York’s CBD oil policies

New York’s CBD oil policies really only started to turn around in the past decade — the same time that CBD oil started to become abundantly available in the state. 

In July of 2014, New York legalized medical marijuana for patients suffering from a list of qualifying medical conditions. Today the number of patients participating in New York’s medical marijuana program is nearing 150,000. 

In 2015, after the US federal government initiated a nationwide hemp pilot program, New York State launched the Industrial Hemp Agricultural Research Pilot Program. The measure permitted a limited number of educational institutions to grow hemp for research purposes.

In his 2018 State of the State address, Governor Cuomo initiated a study on the effects of legalizing marijuana for recreational use. In its study, The Department of Health recommended the state legalize cannabis citing potential benefits to public health and safety as well as the state’s economy. 

The study was soon followed by the drafting of the Marijuana Regulation and Taxation Act bill, intended to legalize and regulate recreational marijuana in the state. The bill never made it to the Governor’s desk. However, lawmakers did expand decriminalization.

Why are we so concerned with the legality of marijuana when we’re here to discuss CBD oil? Keep in mind, that all this time, there was nothing in state law to delineate hemp from marijuana. Therefore, technically, marijuana laws also applied to hemp and CBD oil. 

Nevertheless, New York CBD retailers kept selling CBD oil and a range of other CBD products. Although some sellers did get some pushback from the state (we’ll talk about that later) for the most part, New York law enforcement officials and agencies have not bothered CBD retailers. 

Everything changed in 2019 when, on the final day of New York’s legislative session, the lawmakers passed two new bills. The first measure legalized the production of hemp in the state. It also laid the foundation for the development of a regulatory system. The second bill laid out how CBD oil could be produced and sold. 

Many experts consider New York’s hemp and CBD program to be one of the most comprehensive regulatory frameworks in the country.

Now, in 2022, there are more than 400 licensed hemp farms in New York — a 400 percent increase in just two years. The state has a bustling medical cannabis program as well as recreational on the horizon….who woulda thought.

Recent CBD Studies

Studies undertaken last year have shown that CBD is associated with behavioral improvements in children with autism, may be useful in treating brain cancer, and is useful for relieving pain, reducing anxiety, and improving sleep. Also, a study out of Switzerland presented data that suggest that smoking CBD-rich cannabis flower does not impair driving skills. Moreover, data presented in one report suggest that 71% of participants in a study experienced improvements in their health and well-being.

As more companies take interest in CBD, more and more money is being spent on studies to determine the effectiveness and safety of CBD in treating a wide array of medical conditions. All totaled, consumers spent about $3.5 billion on CBD products in 2021.

Federal CBD Regulations

Regardless of all the good news, the FDA has yet to approve CBD as a supplement. However, four members of the U.S. House of Representatives have introduced a bill that would create a national regulatory framework using CBD as a food and beverage additive. If it passes, the “CBD Product Safety and Standardization Act of 2021” will essentially force the FDA to issue CBD regulations.

New York hemp CBD FAQ

Is hemp CBD oil legal in New York?

The short answer, YES. As we hinted at above, New York CBD laws have been evolving rapidly in the past few years. Although the state had a hemp pilot program before the most recent hemp bill, CBD oil was still, technically, illegal. 

Furthermore, in July of 2019, the state Agriculture Department sent letters to hemp growers declaring that the use of CBD in foods and beverages was not permitted. As a result, the New York City Department of Health and Mental Hygiene implemented a policy of embargoing CBD-infused food and drinks. 

The signing of the hemp CBD bill cleared up a lot of issues. However, although it legalized the production and sale of CBD oil, it still didn’t deal with the use of CBD in foods. Furthermore, it put in place strict regulations for growers, processors, and retailers alike, all of which will require a license.

Is Delta THC, or D8 legal in New York?

It’s been reported that as of last December, 19 U.S. states have regulated, restricted, or banned delta-8 including, unfortunately, New York along with Arizona, California, Colorado, and Michigan. These all happen to be recreationally legal states. Others such as Illinois and Oregon are reviewing their delta-8 rules. And a delta-8 ban in Texas was lifted after a judge blocked the state from classifying it as a controlled substance.

Still, more than half of U.S. states allow the sale of D8 outside of marijuana dispensaries including Nevada, Ohio, Florida, Virginia, Pennsylvania, New Jersey, and Massachusetts.

What medical conditions are being treated with hemp CBD oil in New York?

Millions of CBD oil users are treating a wide array of medical conditions with CBD. The most common reasons that people claim to use CBD oil are to reduce stress, anxiety, and depression, reduce pain, and help them sleep.

However, scientific studies have been conducted on more than 50 distinct medical conditions from Alzheimer’s to obesity. Many of those studies suggest that CBD oil is, indeed, safe and effective. 

In order to be eligible for medical cannabis, however, you must be suffering from one of the New York qualifying conditions.

Here are some of the many Medical conditions being treated with hemp CBD oil in New York:

Where Can I buy CBD products online?

You can buy all sorts of CBD products online. But you really need to do some homework no matter where you buy your CBD. Although you’ll find a much wider selection of CBD products online, there are also a lot of bad companies out there just trying to make a buck on the CBD craze by selling inferior products. The CBDbay is a high end resource for quality American sourced CBD vendors.

What CBD products are legally available in New York?

As it stands, technically speaking, all CBD products are legal aside from food and beverages infused with CBD. But that doesn’t mean these items are not being sold. 

Here are just some of the forms of CBD oil and CBD-infused products that are legally available in New York:

Can I legally grow hemp in New York?

Yes, you theoretically could legally grow hemp in New York — just not in your back yard. In order to be legal, you need to be a licensed hemp farmer. New York State is accepting grower applications from individuals and businesses for the Industrial Hemp Agricultural Research Pilot Program. See the links below.

Keep in mind that it’s still very early in the state’s hemp program and law enforcement has not yet caught up to the reality of the law. Recently officials seized a shipment of hemp and arrested the driver on drug charges. Although the charges were dropped, the grower claims the incident cost the company $40,000 in lost business and legal fees and is suing the state for a million dollars. 

The Department is not accepting CBD processor applications at this time.

Can I sell hemp CBD oil legally in New York?

Okay, so you have to be a bona fide farmer to grow CBD-rich hemp. What about selling CBD? Is it legal to sell CBD oil in New York? Again that answer is yes, but you need a license from the state. 

Furthermore, you can’t sell just any old CBD oil. The law specifically prohibits the sale of out-of-state hemp extract unless those products meet New York’s regulations including lab testing to assure purity and potency. 

Also, under the new law, selling foods and beverages containing CBD is subject to a fine of up to $600 per incident. The state has made it perfectly clear that it intends to uphold the no-CBD-in-food law. Back in February 2019, city health officials came down on bakeries, restaurants, coffee shops, and food vendors that were adding CBD to their offerings. Shortly thereafter, the state forced a coffee shop in LaFayette to stop selling CBD-infused coffee.

Entities interested in selling CBD products in New York are encouraged to consult with an attorney to understand the law and risks associated with making and selling such products.

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