CBD Legal States

Is CBD Legal in New York? State Laws & Regulations


Is CBD Legal in New York? State Laws & Regulations

New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. At its core is Manhattan, a densely populated borough that’s among the world’s major commercial, financial and cultural centers. Its iconic sites include skyscrapers such as the Empire State Building and sprawling Central Park. Broadway theater is staged in neon-lit Times Square.

The rules on CBD legalization in the state of New York are a little bit confusing and complicated. In a technical sense, the city legalized the hemp industry with the 2018 hemp bill, but consumers still have a fear of buying CBD products. Many people feel that they are unintentionally violating a law when they are making a CBD purchase. Not many consumers fully understand the law around the CBD oil industry. In this article, you will find information on CBD and its regulations in New York state.

New York is one of the states across the country that has fully legalized medical marijuana. People in the city can get access to plant-based medication, thanks to the policies of Governor Andrew Cuomo. CBD products are also considered to be among the products that come with medical marijuana. While all of this news sounds good, especially for those who want to get their hands on CBD, there are some conditions you have to meet to get the compound. You can use CBD for various purposes, but you can not use them recreationally.

CBD Accessibility

For a patient to get CBD, they need to have a medical marijuana card, and to get the card, they must meet all of the requirements in place.

The most important aspect of these requirements is the medical condition. First, you have to specify the exact condition you are suffering from. Once specified, you will be granted a medical marijuana card. Don’t worry: since this process was announced, dozens of conditions have made it onto the list. If your disease is on the list, then you can get CBD without any problems.

It must be noted that there are different variations of CBD available on the market. What is considered normal and what is illegal differ in the value and the proper medication they provide patients. Every CBD bottle carries a low amount of THC. This THC component gives you a high when you use marijuana. If your THC consumption exceeds the limit, which is 0.3%, that can be found on the CBD bottle. In that case, you will need a medical marijuana card to get the drug, but for CBD products under the 0.3% limit, you can get them from any local dispensaries without any problems. Make sure the bottle with 0.3% says that it is ‘hemp-derived.’

Food And Beverages

CBD is also illegal in food, beverages, and cosmetics. Since marijuana-extracted CBD produces more THC than hemp, the state puts a lot of regulations on marijuana-extracted CBD. The addition of CBD in food and drink is unresolved. A federal drug administration advisory failed to resolve the burning question of CBD in food and beverages. The bill would have approved 20 ml of CBD in beverages, but the bill didn’t allow CBD in gummies. New York law also prohibits CBD manufacturers from labeling CBD bottles, which prevents manufacturers from adding health benefits or claims on the bottle. In December 2019, Governor Andrew Cuomo signed a new law that allows the hemp industry to test and label their products, which tells consumers more about the drug they are buying. Here, CBD retailers have to apply for a permit to sell the product under state law.

FDA vs. New York on CBD

The war is still going between the federal and state governments about using CBD. The federal government sees CBD as a pharmaceutical drug, not as a supplement that can be added to everyday products. The state government of New York says that it is acceptable to sell the supplement, as it doesn’t cause any problems. Another concern is hemp farmers.

The laws clearly say that only plants with 0.3% THC are allowed to be sold in the state. Because of these rules, the farmers are destroying any plant with well over that amount of THC. If a plant has 1% THC, then it is supposed to be destroyed, as it is clearly considered to be illegal in the state.


If you don’t have the medical marijuana card and own marijuana, it doesn’t matter how much marijuana you have in your possession. It will still be considered illegal. You will face misdemeanor drug possession charges with fines. The law also prohibits drugs that are smokeable in one form or the other. Only edibles are allowed.

New York doctors are not allowed to prescribe any form of cannabis products because they don’t have the approval of the FDA. They are allowed to prescribe only one drug called Epidiolex, essentially a purified form of CBD with FDA approval. A doctor can prescribe this drug to children, especially in the case of epilepsy. Doctors have permission to recommend CBD oil and cannabis oil to their patients; if the patient has a medical marijuana card, they can get the doctor’s approval.


While the drug is somewhat legal, there are plenty of rules around it. Not just anyone can waltz into a store and get whatever they want without the paperwork. There is a limit to everything, and the same is true for CBD. You should consult your doctor to see what kind of CBD is right for you. Sign up for a medical marijuana card if you want more than 0.3% THC in your CBD. Otherwise, you’ll have to stick with CBD with 0.3% THC or less. Laws around CBD are constantly changing so please research updated laws before you make your purchase decision.

Azriel Adelberg
About Azriel Adelberg

MSc Chemistry, University of California, Berkeley An Israeli born organic chemist and PROUD University of California, Berkeley graduate.

One thought on “Is CBD Legal in New York? State Laws & Regulations
  1. Avatar Utah CBD says:

    Exceedingly interesting.

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