In 2019, the state of New York recorded over 20,000 acres of land dedicated to hemp production, split across approximately 400 licensed farmers. There are also around 110 licensed hemp processors in New York State. As you read this you can openly buy CBD oil without a prescription in New York, so long as you are specifically purchasing just CBD oil or food supplements and not cannabis medication.
So CBD in New York must be legal, right? Unfortunately, there is no simple yes or no answer. Typical of the path cannabis legislation has taken in other states, CBD’s legal status in New York is a complicated one.
For instance, it seems that the current interpretation of state laws makes the purchase, sale, and manufacture of CBD in New York legal but also makes it illegal for establishments to put CBD in food products with very few exceptions. Federal law also makes no distinction between CBD and other marijuana-related products, so there is also that specter looming over CBD oil’s legality in the state.
A brief history of New York Cannabis legalization
New York first started regulating hashish in 1914, when it started requiring prescriptions for purchase. Less than two decades later, it banned all cannabis — including hemp which has little to none of the psychoactive properties of other strains of cannabis.
In the decades leading up to the present day, cannabidiol (better known as CBD) was discovered by chemist Roger Adams in 1942. Despite subsequent research over the next 60 years showing CBD’s medical benefits and lack of psychoactive effects, it was still illegal to possess, much like any other cannabis product.
Things changed significantly in 2014 when state legislators effectively legalized medical cannabis. Around this same time, the benefits of CBD oil were starting to become more widely known in the general public and its production dramatically increased. In the years since then, various state and federal initiatives started to ease back on different restrictions to the cultivation and consumption of cannabis as well as its processing into CBD oil. However, up until late 2019, CBD n New York was still in legal limbo due to the ambiguity of different existing state regulations.
Legalization in New York today
Ignoring the illegality of CBD under federal law at the moment, ever since Bill A7680-A / S6184-A was signed into state law by Gov. Andrew back on December 10, 2019, CBD’s legal status in state law has been more or less cemented. However, other things have become even more complicated.
For example, new licensing and permit requirements have raised eyebrows and are likely to impact small businesses. There are now also several regulations concerning the amounts of CBD that could be used in different products, as well as rules on the packaging.
Most notably, several clauses in the new law have been criticized as protectionist, as they limit New York’s CBD imports and gives preferential treatment to New York cannabis farmers. This can potentially raise the prices of CBD products and possiby spark a regional trade war over CBD.
Conclusion
Today, you can definitely get legal CBD in New York. New York now also has some of the most comprehensive sets of laws regarding cannabis and related products such as CBD. With recent developments, the production and business side is set to become even more complex than it already is.
But as a consumer, the gist is, if you can find a licensed store, you can buy CBD. For many of us that need it, that is what mostly matters.
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