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1_CBD Oil in New York

in New York

The Statue of Liberty stands quite confused when you ask her about the CBD legality in her state. The freedom seems to be missing but then it seems to be allowed as well. But CBD products are everywhere and people love them.

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1_Is CBD Oil Legal in the New York

Is CBD oil Legal
in New York?

1_CBD With 0% THC is legal

The Statue of Liberty stands quite confused when you ask her about the CBD legality in her state. The freedom seems to be missing but then it seems to be allowed as well. But CBD products are everywhere and people love them.

These laws have limited the options available in New York. Also there is a lot of clarification that is still required from the State.

1_What’s Legal and What’s Not in New York

What's Legal, What's Not!

1_Senate Bills

In July 2019 at the close of the legislative session, a Senate Bill was passed that aimed at regulating industrial hemp in New York state. The market in New York was already flooded with CBD and various products containing CBD in one form or another. But till then this market was unregulated with no guidelines at the state level. 

1_In some states, growth and cultivation of Hemp is legally allowed

This Senate Bill number S-6184A is yet to be signed by the Governor though but once signed will allow a regulatory framework of a two year renewable licensing for growing, manufacturing, extracting, packaging of hemp based products.

 It will also take care of all labeling requirements including negative health impact warnings and restrictions on the proposed health claims on a product. It will also specify the laboratory testing processes that will include QR codes that are linked to consumer information. 

In addition to taking care of the sale in retail, wholesale and distributor led markets of these hemp-derived products, the bill will also provide necessary framework for investmentment in farm operations. This bill will rope in the experience of the Department of Agriculture and Markets to create these new regulations around hemp cultivation, production and marketing.

1_FDA regulates CBD in Food

But in July 2019 itself the Food and Drug Administration took their stance against hemp derived CBD products and banned their addition to any food items and beverages. This ban resulted in products being embargoed of violators and make them unavailable for sale as well to face $250-600 fines. 

Later on the officials said that this ban shall be effective from 1st October 2019. This ban applies to not only CBD being used in food items but also on hemp grown for say fiber and grain as the FDA also bans it was their explanation. This ban is under the guise of providing proper guidelines and to guarantee the safety of the complete supply chain from farmers, processors and manufacturers due to increased consumer demand and interest.

The Senate Bill does not have a process for using CBD products in food yet and might need a new bill to support it or make an amendment once it is signed by the Governor.

1_Senate Bills

There are generally three types of legal cannabis, hemp, medical cannabis and recreational cannabis. Senate Bill S1527B which yet has to be discussed on the floor of the Senate also known as the ‘Cannabis Regulation and Taxation Act’ and the Senate Bill S03040 also called the ‘Marihuana Regulation and Taxation Act’ are broad level cannabis legalisation bills. 

They both want to tackle all aspects of cannabis in one go. When passed they will amend the New York Agriculture and Markets Law and bring the regulation of hemp under the New York State Department of Agriculture and Markets. This will make the administration of the whole licensing process much simpler and in the direct control of the administration. 

At present the New York’s Industrial Hemp research is a pilot program that is being overseen by the department who make licenses available for growing industrial hemp, process the non-CBD parts and a license for the CBD processing. This pilot will continue even after these bills mentioned above are passed and research will continue but under the rules of hemp processing as done for non-research purposes with a few compliance exceptions.

Some of the controversial tenets of this pilot program are:

  1. Imposes a permit requirement on retailers, wholesalers and manufacturers
  2. Preferential treatment to hemp produces in New York
  3. Barriers to entry of out of state hemp
  4. Permission to sell beverages no more than 20 mgs of CBD per 12 ounces but only if the hemp was grown, extracted and manufactured in New York state.
  5. Prohibit out of state hemp extract sale for human and animal consumption unless product standards and regulations of New York are met with. But there are no such standards or regulations as of date.

This pilot program had hemp industry groups claiming the legislation as unconstitutional and protectionist. The Senate Bill number S-6184A once signed by the Governor as it has already been passed by both houses of the New York State Legislature will take care of these issues and provide a safe structure for the entire CBD industry. It will become a very significant step in the regulation of this rapidly growing industry. 

There will have to be more legislation to be written to make the whole process smooth but it will be a first step in the right direction to make CBD products legal. Currently, the New York State Department of Agriculture and Markets (NYSDAM) which controls CBD products wants proper health warnings on the labels with the serving size of active CBD concentration, number of servings in a packet or bottle and the origin details of the hemp for each product. Growers are also prohibited from using pesticides during the cultivation of hemp and the extracting process has to follow the Good Manufacturing Practices as per the FDA under the Federal Food, Drug and Cosmetic Act.

1_Where to Find CBD Oil in New York

Where to buy CBD oil
in New York

1_CBD Can be obtained from authorized retail shops

Many restaurants, coffee shops and bars in New York have been selling CBD oil and CBD edibles for many months now and CBD products on their own are completely legal in the state of New York. 

They however become illegal as soon as you add them to your food or beverage. Some of the more cheeky retailers will provide you a sachet of CBD and a coffee as separate products and if you want, you may add the CBD to the coffee on your own. 

Topical CBD products are available in major drugstore chains like Walgreens and CVS and others like Ulta, Sephora, Marcus, Neiman and many others carry CBD products. The law needs to set standards for CBD products so that the industry may provide better products and educate the consumers to buy products that are good as well as to use them properly.

1_Horrors and reasons not to buy CBD Oil locally in New York

Horrors of Buying CBD locally

With departments saying things that are diagonally opposite to each other like the Department of Agriculture saying it is legal to sell CBD edibles as long as they are made with the set standards and the FDA terming such items as illegal even as a dietary supplement. City health inspectors seem to take a stand as per their whims. 

This was evident in many cases where products were ‘embargoed’ and banned from sale at many city eateries. Later on their department said that they shall continue with this banning of the CBD in food items later on in July 2019 but till date it is unclear whether they will allow the sale of CBD items or not. Different people in the same department will give you different versions of their views about CBD being legal or illegal. 

Some in the Department of Health say that the problem is that the government has not deemed CBD to be safe as no official document clearly states that the CBD products are deemed safe for human consumption. But such reasoning sounds more like a ploy to shift the blame. If CBDs were unsafe, the federal government and state governments of many other states would have surely banned it.

1_How to buy CBD Oil online and guidelines in New York

How to get CBD Oil Online
in New York

Buying online may be faster, convenient and easier if you were a resident of some other state. As it stands today, any CBD product or even any hemp product from outside the state is an illegal product. Our suggestion is that you not buy it online at present but wait for the laws to change. 

Final Thoughts on CBD Oil in New York

CBD Oil is Legal in New York, provided it contains 0% THC. This means you have a good number of CBD Oil Brands to choose from. However, if you feel like waiting for the real deal,

Then stop for a while and let Senate Bill number S-6184A be signed by the Governor before you start buying or selling CBD products. This will ensure that you do not run fowl of the law and get the best products possible. There will need to be many more legal documents to be written even after this Senate Bill is signed which will take many more months and years but this will be the first step towards making all types of CBD legal in New York state.