Book Appointment +1 (929) 480-0521
CBD Oil In New York: Legality

CBD Oil In New York: Legality

New York legalized medical marijuana in 2014. The application process was initially complicated in a program stricter than most neighbors. Recent changes in NY have made applying for MMJ significantly easier.


The state governor, Andrew Cuomo, signed a bill into law on March 20, 2021, legalizing recreational marijuana in the state. The state of New York has now allowed its residents to possess up to three ounces of marijuana legally without having to obtain a medical marijuana card. Aside from clearing criminal records related to marijuana use, there are now protections for employees who use marijuana outside work hours to get high.


As a result, CBD oil in New York is also easy to obtain and legal. In this guide, we outline the CBD laws in New York.



You can buy CBD oil all over New York. Hemp-derived products can be grown, extracted, manufactured, processed, sold, and consumed. In New York State, hemp refers to Cannabis sativa L that contains less than 0.3% THC.


In New York, marijuana and hemp are the only drugs tolerated. A prescription was required to buy marijuana in 1914 when the state started restricting its use, and New York banned cannabis in 1927.


Early in the 1950s, the White Wing Squad destroyed most of New York City’s marijuana farms.


In 1977, marijuana possession up to 25 grams was decriminalized, but a loophole designated public possession as a misdemeanor. New York’s medical marijuana program wasn’t implemented until 2014. Despite this, you still need a prescription from your doctor to purchase and use CBD.


Full Legalization: The Road Ahead


Hemp Pilot Program legislation was signed into law by Governor Cuomo in June 2014. The program was launched a year later when the state allowed hemp to be grown for research purposes, and it was eliminated in 2017 in New York the limit on hemp cultivation sites.


Industrial hemp was legalized in the United States in 2018, which led to fears of residents being arrested for possessing CBD oil. Hemp processors and sellers of hemp-derived products can now operate more freely under Senate Bill 6184, signed in December 2019.


Throughout New York, CBD was openly for sale in countless stores. Regardless of the argument over cannabidiol’s legality, recreational marijuana legalization ends the debate over cannabidiol. 


New York State CBD Oil Regulations


It was announced on October 10, 2020, that the New York State Department of Health will regulate hemp products containing cannabinoids. There was also an overview of the new Cannabinoid Hemp Program, which will only grant licenses to operators and retailers. In addition to quality control, the program has introduced several other standards.


New York CBD oil buyers will be delighted to know this is good news for them. There is a general lack of regulation in the industry due to a lack of federal oversight, resulting in the inundation of the market with low-quality products. Theoretically, this shouldn’t be an issue in New York anymore, at least not shortly. Some of the rules are listed below:


  • Cannabinoid content in food and beverages must not exceed 25mg.
  • A CBD-containing food or drink may contain alcohol or tobacco, but not CBD alone.
  • A dietary supplement containing CBD can contain up to 3,000 mg.
  • CBD products and hemp can have a maximum THC level of 3% when handled by a licensed processor
  • Heavy metals, microbial impurities, and cannabinoids must all be tested in laboratories before a product can go on the market.
  • No processor can claim that its product treats, cures, prevents, mitigates, or diagnoses any medical condition.


Do you have to be a certain age to buy CBD in New York State?


CBD is available to people over 21 in New York, while adult-use marijuana is restricted to those under 18. Due to new regulations, CBD vaping and smoking products cannot be purchased by anyone under 21.


Regulators have also banned hemp flower cigarettes. Providing hemp flower isn’t packaged and sold for smoking; it can be sold to consumers aged 21+. The new CBD rules will be in New York until May 2022.


New York State Marijuana Penalties


New York now legalizes recreational cannabis, but it’s not a free market means you cannot consume marijuana freely. It is a misdemeanor to possess over three ounces, and you could spend up to a year in prison for it. Eight ounces or more of marijuana are punishable by up to four years in prison.


In the state of Washington, marijuana can be given to another adult age 21 and older who is over three ounces in weight. It is a misdemeanor to sell any amount, whereas a felony to sell over 25 grams without a license. A maximum of three mature marijuana plants can be grown per household, and seven or more plants are considered a felony.


Marijuana is legally available to anyone over 21, but not everyone enjoys its high. Besides using hemp as the main source of CBD, Cannabis sativa L also produces pure CBD, but its primary source is hemp. If you want to experience the effects that cannabinoids can have on your body but do not feel intoxicated, it is a viable alternative to marijuana.

Also Read Get Medical Marijuana For any Health Need


Final Thoughts


Hemp products in New York can contain up to 3% THC and CBD oil. With the 2018 Farm Bill, industrial hemp cultivation is now legal, and the THC limit has been ten times higher than before. CBD brands must usually sell less than 0.3% THC products to comply with this regulation.