2021 Update:
No updates have been made to hemp- CBD laws in New York since..
In March 2021, the Governor of New York signed a bill legalizing cannabis for adult use.
Original Post
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on New York Hemp Laws and the legality of CBD in New York, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in New York
Is Full Spectrum CBD Legal in New York?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Hemp and CBD were legalized in New York in December 2019 under S.6184/A.7680. There remains contention on the issue of adding CBD to food and beverages, but clarifications are expected to come late in 2020. Also exciting is the prospect of marijuana legalization in New York's future.
Is It Legal to Ship PCR Hemp Oil to New York?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in New York?
If you are looking to buy CBD in New York, you have the option of going to a retail store or purchasing online.
Do you need a special license to purchase PCR Hemp Oil in New York?
You don’t need a special license to purchase CBD hemp oil (all types) in New York, only to grow, test, or sell products.
How Does New York Legally Define Hemp?
'Industrial hemp' means the plant Cannabis sativa L. and any part of such plant, INCLUDING THE SEEDS THEREOF AND ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
New York Assembly Bill A7680A
Growing and Selling Hemp in New York
New York hemp growers and handlers must be registered and licensed with the state. New York has recently defined the legal process a hemp grower or processor must follow. Currently, New York's hemp program is in a pilot phase. Growers who are participating are considered to be 'research partners.'
New Your does not allow CBD to be added to food or beverages, which is also the position of the FDA.
Retail Hemp and CBD products must comply with New York hemp laws, which are being lauded as some of the most comprehensive in the country:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
- GMP manufacturing requirements
- Must list the mg of CBD on the label (must match test results for each batch)
In addition to New York state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
New York state hemp laws allow for many products, some of which the FDA may be less welcome to:
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Hemp topicals
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
GMP CBD in NYC
One of the most unique requirements for CBD in New York is that their law requires:
ALL HEMP EXTRACT PRODUCTS SHALL BE EXTRACTED AND MANUFACTURED IN
ACCORDANCE WITH GOOD MANUFACTURING PROCESSES, PURSUANT TO PART 111 OR
117 OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS.New York Assembly Bill A7680A
This means that New York state is taking a step to require manufacturing standards that the FDA has been lagging to roll out. Many believe that eventually all CBD products will be required to comply with GMP (Good Manufacturing Processes) Regulations. This very practical measure means that producers of CBD will be held to the same standards as dietary supplement producers.
Because compliance with GMP is expensive, it is likely to detract from those thinking about starting a CBD product company in New York. Of course, these regulations are expected to be applied to the whole country eventually (pending the FDA). However, in the short term, New York's 'gold standard' CBD laws may actually discourage businesses from operating in New York.
It should also be noted that there is a difference between GMP compliant and GMP certified! For a company to be GMP certified, it must register with the FDA and undergo certification and inspections. Companies claiming to be 'GMP compliant' may or may not actually be compliant! Without actual certification, this claim can be very misleading.
