Is CBD oil legal in New York?
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- What is CBD?
- Why is CBD sometimes illegal?
- New York CBD laws
- Where to buy CBD in New York
- How to read CBD labels and packaging
CBD derived from hemp is available in New York, but is subject to strict regulations. The New York Department of Agriculture and Markets does not allow the addition of CBD to foods or beverages. CBD is, however, allowed to be manufactured and sold as a dietary supplement provided it makes no therapeutic claims. Hemp-derived CBD is also in New York legal when sold as a lotion, salve, or balm.
A comprehensive regulatory framework surrounding the licensing, manufacturing, sale and use of hemp and CBD was approved by the New York State Legislature in June 2019 and is currently awaiting signing from Governor Andrew Cuomo.
Only individuals who hold a valid New York State Medical Marijuana Program card can legally access CBD derived from cannabis. Medical cannabis has been legal in New York since 2014. Cannabis remains illegal for adult use in New York, although marijuana possession was decriminalized to an extent in August 2019. Penalties for possession of small amounts of marijuana have been reduced, and those with existing possession convictions may have their convictions expunged.
What is CBD?
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. CBD is the second-most prominent cannabinoid in cannabis after THC, which has an intoxicating or psychoactive effect. CBD can be sourced from marijuana or hemp plants and has a wide range of purported therapeutic benefits, such as reducing pain, inflammation, and anxiety, and suppressing seizures. Since the cannabinoid has gained considerable attention for its therapeutic properties, more high CBD strains have recently been cultivated.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive. The FDA has already maintained that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. New York is an example of a state that has devised its own regulatory framework for CBD, embracing some FDA directives while eschewing others.
New York CBD laws
In June 2019, the New York State Senate passed legislation which provides a comprehensive regulatory framework for hemp and CBD. Bill S6184A, also known as the Hemp Bill, will become enacted in thirty days once it has been signed by Governor Andrew Cuomo. Some more controversial aspects of the bill may be contested, however, which could delay its enactment.
Notable amendments in the June 2019 Hemp Bill include:
- The New York State Department of Agriculture and Markets are granted authority to regulate the production, processing, packaging, and labeling of hemp extract products sold in New York State.
- Retailers, wholesalers, and manufacturers selling cannabis products derived from hemp must apply for a cannabinoid permit.
- The sale of beverages containing 20 milligrams of CBD per 12 ounces is permitted, but only if the hemp extract was grown, extracted, and manufactured in the state of New York.
- The sale of out-of-state hemp extract intended for human and animal consumption is prohibited, unless it meets New York standards and regulations, which will be promulgated in the future.
- All hemp extracts must be packaged and labeled according to New York Department of Agriculture and Markets standards and display a Supplement Fact panel where applicable, along with a QR code setting forth other relevant information. No product may advertise any therapeutic claims.
There is currently a lack of concrete regulations in New York while the Hemp Bill is awaiting approval from Governor Andrew Cuomo. At present, the New York State Departments of Health and Agriculture are implementing a catch-all enforcement strategy to prevent unlawful CBD products from being sold.
There is currently a lack of concrete regulations in New York while the Hemp Bill is awaiting approval from Governor Andrew Cuomo. Photo by: Gina Coleman/Weedmaps
CBD-infused food and beverages are prohibited in New York. Penalties for the sale of CBD-infused food and beverages include voluntary removal, seizure, or destruction of the product, a fine, and failing a health inspection. CBD-laced oils, lotions, salves, and other topical applications are legal for all. CBD oils and tinctures are also legal, but products cannot make therapeutic claims.
Licensing requirements for CBD
Presently, the only legitimate way to grow hemp in New York is by participating in the New York Industrial Hemp Agricultural Research Pilot Program. Those interested must apply to the New York Department of Agriculture and Markets, which costs $500. Approved applicants receive a Research Partner Agreement.
Licensing for hemp growers, manufacturers, extractors, and retailers will change under the 2019 Hemp Bill. The bill is yet to be enacted, but provides specific guidelines for growers, manufacturers, and extractors of industrial hemp. All applicants will have background checks performed to confirm they are of good moral character, and possess sufficient experience and competence to farm hemp.
Applicants must first obtain a license through the New York Department of Agriculture and Markets. The license for cannabinoid extractors is the most comprehensive. Licenses will be renewed biannually, and licensed premises will be subject to random inspections.
Manufacturers and growers must contract with an independent laboratory approved by the commissioner for routine testing. The reports from testing must be made available to the Department.
New York CBD possession limits
There are currently no possession limits for hemp-derived CBD products in New York.
There are currently no possession limits for hemp-derived CBD products in New York. Photo by: Gina Coleman/Weedmaps
Medical marijuana patients can legally possess a thirty-day supply of non-smokeable, non-edible, cannabis-derived CBD products.
Although cannabis was decriminalized to an extent in New York in August 2019, those who are found in possession of cannabis-derived CBD products may be subject to penalties.
Where to buy CBD in New York
CBD balms, salves, lotions, and tinctures can be purchased from small pharmacists, specialty stores, CBD storefronts, and vape stores. Food and beverage retailers may offer CBD products, but they are not legal.
CBD derived from marijuana is only available from a licensed dispensary.
Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.
Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and comparison shop for the best price. CBD brands often also have their own e-commerce shop, allowing you to purchase your desired CBD products straight from the source. Find out more about where to purchase CBD.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA currently does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in New York? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New York CBD laws Where to
What Are the Benefits of CBD?
More than 60 percent of CBD users were taking it for anxiety, according to a survey of 5,000 people. Does it help?
By Dawn MacKeen
The CBD industry is flourishing, conservatively projected to hit $16 billion in the United States by 2025. Already, the plant extract is being added to cheeseburgers, toothpicks and breath sprays. More than 60 percent of CBD users have taken it for anxiety, according to a survey of 5,000 people, conducted by the Brightfield Group, a cannabis market research firm. Chronic pain, insomnia and depression follow behind. Kim Kardashian West, for example, turned to the product when “freaking out” over the birth of her fourth baby. The professional golfer Bubba Watson drifts off to sleep with it. And Martha Stewart’s French bulldog partakes, too.
What is CBD?
Cannabidiol, or CBD, is the lesser-known child of the cannabis sativa plant; its more famous sibling, tetrahydrocannabinol, or THC, is the active ingredient in pot that catapults users’ “high.” With roots in Central Asia, the plant is believed to have been first used medicinally — or for rituals — around 750 B.C., though there are other estimates too.
Cannabidiol and THC are just two of the plant’s more than 100 cannabinoids. THC is psychoactive, and CBD may or may not be, which is a matter of debate. THC can increase anxiety; it is not clear what effect CBD is having, if any, in reducing it. THC can lead to addiction and cravings; CBD is being studied to help those in recovery.
Cannabis containing 0.3 percent or less of THC is hemp. Although last year’s Farm Bill legalized hemp under federal law, it also preserved the Food and Drug Administration’s oversight of products derived from cannabis.
What are the claims?
CBD is advertised as providing relief for anxiety, depression and post-traumatic stress disorder. It is also marketed to promote sleep. Part of CBD’s popularity is that it purports to be “nonpsychoactive,” and that consumers can reap health benefits from the plant without the high (or the midnight pizza munchies).
Just as hemp seedlings are sprouting up across the United States, so is the marketing. From oils and nasal sprays to lollipops and suppositories, it seems no place is too sacred for CBD. “It’s the monster that has taken over the room,” Dr. Brad Ingram, an associate professor of pediatrics at the University of Mississippi Medical Center, said about all the wild uses for CBD now. He is leading a clinical trial into administering CBD to children and teenagers with drug-resistant epilepsy.
Is This A Scam?
Facts about wellness.
Will these trends change your life — or
take your money?
Does CBD work?
“It’s promising in a lot of different therapeutic avenues because it’s relatively safe,” said James MacKillop, co-director of McMaster University’s Michael G. DeGroote Center for Medicinal Cannabis Research in Hamilton, Ontario.
Last year, the F.D.A. approved Epidiolex, a purified CBD extract, to treat rare seizure disorders in patients 2 years or older after three randomized, double-blind and placebo-controlled clinical trials with 516 patients that showed the drug, taken along with other medications, helped to reduce seizures. These types of studies are the gold standard in medicine, in which participants are divided by chance, and neither the subject nor the investigator knows which group is taking the placebo or the medication.
While there is hope for treating other conditions with the plant extract, Epidiolex remains the only CBD-derived drug approved by the F.D.A. Most of the research on cannabidiol has been in animals, and its current popularity has outpaced science. “We don’t have the 101 course on CBD quite figured out yet,” said Ryan Vandrey, an associate professor of psychiatry and behavioral sciences at Johns Hopkins University School of Medicine.
Does CBD help anxiety and PTSD?
For students with generalized social anxiety, a four-minute talk, with minimal time to prepare, can be debilitating. Yet a small experiment in the journal Neuropsychopharmacology found that CBD seemed to reduce nervousness and cognitive impairment in patients with social anxiety in a simulated public speaking task.
However, a double-blind study found healthy volunteers administered CBD had little to no change in their emotional reaction to unpleasant images or words, compared to the placebo group. “If it’s a calming drug, it should change their responses to the stimuli,” said Harriet de Wit, co-author of the study and a professor in the University of Chicago’s department of psychiatry and behavioral neuroscience. “But it didn’t.”
Many soldiers return home haunted by war and PTSD and often avoid certain activities, places or people associated with their traumatic events. The Department of Veterans Affairs is funding its first study on CBD, pairing it with psychotherapy.
“Our top therapies attempt to break the association between reminders of the trauma and the fear response,” said Mallory Loflin, an assistant adjunct professor at the University of California, San Diego and the study’s principal investigator. “We think that CBD, at least in animal models, can help that process happen a lot faster.” While large clinical trials are underway, psychologists say there isn’t compelling evidence yet as to whether this is a viable treatment.
Does CBD help sleep and depression?
Up in the wee hours of the night, stuck watching videos of puppies? CBD may be promising as a sleep aid; one of the side effects of the Epidiolex trials for epilepsy was drowsiness, according to Mr. MacKillop, a co-author of a review on cannabinoids and sleep. “If you are looking for new treatments for sleep, that may be a clue,” he said.
But he cautions that the side effects could have been because of an interaction with other medications the children were taking to control the seizures. So far, there hasn’t been a randomized, placebo-controlled, double-blind trial (the gold standard) on sleep disorders and CBD.
A recent chart review of 72 psychiatric patients treated with CBD found that anxiety improved, but not sleep. “Over all, we did not find that it panned out as a useful treatment for sleep,” said Dr. Scott Shannon, assistant clinical professor of psychiatry at the University of Colorado, Denver and the lead author of the review in The Permanente Journal.
Sleep can be disrupted for many reasons, including depression. Rodents seemed to adapt better to stressful conditions and exhibited less depressive-like behavior after taking CBD, according to a review in Journal of Chemical Neuroanatomy. “Surprisingly, CBD seems to act faster than conventional antidepressants,” wrote one of the authors of a new review, Sâmia Joca, a fellow at the Aarhus Institute of Advanced Studies in Denmark and an associate professor at the University of São Paulo in Brazil, in an email interview. Of course, it’s difficult to detect depression in animals, but the studies that Ms. Joca and her colleagues reviewed suggested that in models of chronic stress exposure, the mice and rats treated with CBD were more resilient.
But without clinical trials in humans, psychologists say CBD’s effect on depression is still a hypothesis , and not an evidence-based treatment.
Is CBD harmful?
“If you take pure CBD, it’s pretty safe,” said Marcel Bonn-Miller, an adjunct assistant professor at the University of Pennsylvania’s Perelman School of Medicine. Side effects in the Epidiolex trial included diarrhea, sleepiness, fatigue, weakness, rash, decreased appetite and elevated liver enzymes. Also, the safe amount to consume in a day, or at all during pregnancy, is still not known.
Recently, the F.D.A. sent a warning letter to Curaleaf Inc. about its “unsubstantiated claims” that the plant extract treats a variety of conditions from pet anxiety and depression to cancer and opioid withdrawal. (In a statement, the company said that some of the products in question had been discontinued and that it was working with the F.D.A.)
Dr. Smita Das, chair of the American Psychiatric Association’s Council on Addiction Psychiatry’s cannabis work group, does not recommend CBD for anxiety, PTSD, sleep or depression. With patients turning to these to unproven products, she is worried that they may delay seeking appropriate mental health care: “I’m dually concerned with how exposure to CBD products can lead somebody into continuing to cannabis products.”
Some CBD products may contain unwanted surprises. Forensic toxicologists at Virginia Commonwealth University examined nine e-liquids advertised as being 100 percent natural CBD extracts. They found one with dextromethorphan, or DXM, used in over-the counter cough medications and considered addictive when abused; and four with a synthetic cannabinoid, sometimes called Spice, that can cause anxiety, psychosis, tachycardia and death, according to a study last year in Forensic Science International.
Earlier research found fewer than a third of 84 products studied contained the amount of CBD on their labels. Some users of CBD have also failed drug tests when the product contained more THC than indicated.
This year, 1,090 people have contacted poison control centers about CBD, according to the American Association of Poison Control Centers. Over a third are estimated to have received medical attention, and 46 were admitted into a critical care unit, possibly because of exposure to other products, or drug interactions. In addition, concern over 318 animals poured into the American Society for the Prevention of Cruelty to Animals’ Animal Poison Control Center.
Is CBD a scam or not?
A few drops of CBD oil in a mocha or smoothie are not likely to do anything, researchers contend. Doctors say another force may also be at play in people feeling good: the placebo effect. That’s when someone believes a drug is working and symptoms seem to improve.
“CBD is not a scam,” said Yasmin Hurd, director of the Addiction Institute of Mount Sinai in New York City who led a double-blind study of 42 recovering heroin addicts and found that CBD reduced both cravings and cue-based anxiety, both of which can cycle people back into using. “It has a potential medicinal value, but when we are putting it into mascara and putting it into tampons, for God’s sake, to me, that’s a scam.”
More than 60 percent of CBD users were taking it for anxiety, according to a survey of 5,000 people. Does it help?