New York State (the Big Apple included) legalized all CBD products that contain less than 0.3% THC in 2021. Items that meet a set of testing criteria can be distributed by licensed retailers, and residents can even cultivate their own plants for medical and recreational use.
CBD laws in New York are likely to change; however, CBD is currently legal in the state of New York for those who are 21 years or older.
Cannabis laws in New York have been a poignant topic of conversation since the late 1970s. As CBD enters the national dialogue, the state continues to revise, update and supplement its legislation.
CBD Laws in New York: What You Need to Know
Is CBD legal in NY?
In March 2021, the New York legislature passed the Marihuana Regulation and Taxation Act (MRTA) which created The Office of Cannabis Management (OCM) and outlined a series of articles that regulate use. Relevant articles include articles 3, 4, 5 and 6.
Article 3 and 4 pertain to cannabis and regulate cannabis for medical use, which was originally legalized in 2014 through the States Medical Marijuana Program. The article language was updated in 2021 to accommodate the creation of the Office of Cannabis Management and new procedures regarding home cultivation, dosage limits, licenses and pricing and testing requirements.
Article 5 outlines regulations for cannabinoid hemp and hemp extract regulations, also known as CBD oil. Across the board, stipulations for adult use of cannabinoid hemp or hemp extract include:
- License requirements – Those who process hemp for the purpose of human consumption must operate with a cannabinoid hemp processor license. Similarly, those who sell cannabinoid hemp must operate under a cannabinoid hemp retailer license. Licenses expire every 2 years and must be renewed within 30 days prior to expiration. License application fees include a refundable $300 per retail facility for sellers and $3,500 per location for manufacturers. Licensed individuals are required to maintain records of product transactions and may be required at any time to provide up to 3 years of records.
- Packaging and labeling guidelines – Containers must be sealed and packaging must include label warnings for consumers and a fact panel that includes dosage, serving sizes and potency. It must also provide a code for a Certificate of Analysis that verifies the product does not use synthetic cannabinoids or THC created through isomerization. The analysis must include testing for: heavy metals, cannabinoids, microbial impurities, mycotoxins, residual pesticides, residual solvents and processing chemicals terpenes.
- Processing requirements – The hemp plant must only be grown with pesticides registered by the department of environmental conservation or that meet EPA exception criteria.
- Lab testing regulations – All processors of adult-use cannabis and cannabinoid hemp must test their products with an independent laboratory. A “statistically significant” number of cannabinoid hemp-manufactured-and-distributed products must be tested per batch at a third-party testing laboratory meeting all the requirements for THC content (less than 0.3%), pesticide levels, metals and additional solvents.
- Age restrictions – Adults over age 21 are allowed to purchase cannabis or cannabinoid hemp products from licensed retailers and retailers are allowed to sell in locations where 90% or more of individuals are 21 or older.
Per CBD laws NY, Article 6 indicates general provisions that limit the distribution of cannabinoid hemp or hemp extract products in the state. More specifically, licenses are required to cultivate, process, distribute, sell or resale CBD products.
Is CBD Legal in New York?
Is CBD legal in New York? The use of CBD with less than 0.3% THC content has been legal for those over 21 in New York since early 2021. However, cannabis was first decriminalized in 1977, amidst the war on drugs. And as of 2014 medical cannabis has been legally available to New York residents through the state’s Medical Marijuana Program.
The state took the big step to officially legalize cannabis for adult use in March 2021, becoming the 16th state to do so since the federal government passed the 2018 Farm Bill, which removed cannabis hemp from the national list of controlled substances.
The New York Department of Agriculture and Markets oversees hemp cultivation and food and industry use, and in April 2021 the MRTA created the OCM, governed by the Cannabis Control Board, which regulates hemp and cannabis licensure and distribution procedures.
Can I Buy CBD in New York?
CBD iterations are available for purchase from retailers across the state. Delis, bodegas and wellness stores are abundant. So, is CBD oil legal in NY? Yes. However, it is still illegal to mix CBD with alcohol so don’t expect to wander into any swanky new Manhattan CBD bars anytime soon.
Note that NY CBD laws regulate the purchase and use of CBD products to individuals over the age of 21 with or without a medical license. Similarly, retailers and manufacturers must be over 21 to distribute and products must meet a list of detailed criteria and testing stipulations.
Can I Buy CBD Online?
New Yorkers and visitors can find CBD products for purchase online. If you’re purchasing within New York state, you’ll need to be at least 21 years of age to add products to your cart.
When searching for products online, reputable brands should provide Certificates of Analysis that correspond to the batch number of the product to confirm the cannabinoid contact. Certificates can also help buyers confirm a product is free of agents or additives.
Can I Buy CBD at a Dispensary?
Dispensaries are considered licensed retailers in New York State, and residents may opt to purchase CBD from a local spot.
Regardless of neighbor recommendations, you’ll want to ensure your chosen retailer is properly licensed to ensure the products you purchase are adequately tested and legally processed. In New York, retailers are required to make their licenses visible in-store.
Legal Status of CBD in New York
CBD laws in New York are likely to change; however, CBD is currently legal in the state of New York for those who are 21 years or older. The CBD must contain no more than 0.3% THC.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in New York?
Yes, CBD products with less than 0.3% THC content are legal in New York if sold by licensed retailers in adherence with certain location and distribution requirements.
2. How old do you have to be to buy CBD in New York?
In New York, you must be over the age of 21 to purchase any CBD products.
3. Can I sell CBD products in New York?
Selling CBD products in New York requires adherence to specific licensing procedures. Individuals over the age of 21 with adequate property, manufacturer and testing information are eligible for a two-year retail license, eligible for renewal.
Source:
Office of Cannabis Management. Cannabinoid Hemp. https://cannabis.ny.gov/cannabinoid-hemp
Cannabis Control Board. Cannabinoid Hemp Regulations. https://cannabis.ny.gov/system/files/documents/2021/11/part_114_cannabinoid_hemp_regulation_11-10-21.pdf
NY Health. Cannabis (Marijuana). https://www1.nyc.gov/site/doh/health/health-topics/marijuana.page
