CBD oil laws vary widely from one state to another, and what might be legal in one state might be illegal in another. Do you reside in New York and wish to obtain CBD products. Herein is everything you need to know about CBD oil in this state.

In 2018, the Farm Bill was passed, legalizing the growing and cultivation of industrial hemp and the production of CBD products whose THC concentration was less than 0.3%. However, some states have not legalized CBD oil, and possession of the cannabinoid is a misdemeanor or felony. So, is CBD legal in New York? Here is what you need to know about CBD oil in New York.

The History of cannabis in the New York State

While the Farm Bill was only passed in 2018, New York has a long cannabis history. In 1914, the state made it mandatory to have a medical prescription to buy any cannabis products, and in 1927, no one was allowed to buy them under any circumstance, not even with a prescription. Things tightened as time went by, and in the 1950s, the famous White Wing Squad was sent to destroy all marijuana farms in the US. However, in 1977, New York state lifted the ban for more than 25 mg of cannabis in any product. However, there was a public loophole, and having a product with more than 25 mg cannabis extract was considered a misdemeanor and warranted some charges. In 2014 June, Governor Cuomo launched the New York Hemp Pilot Program, which legalized growing hemp for research purposes. In 2017, the CBD law lifted the rule that limited the number of farms that could grow hemp in the New York state, paving the way for the 2018 Farm Bill, which legalized growing hemp and producing CBD oil products with not more than 0.3% THC. In 2019, Governor Cuomo laid the groundwork for hemp regulatory frameworks in New York, which were read in 2020 as the Cannabinoid Hemp Program.

Is CBD Legal in New York?

CBD oil is legal in New York, but stringent rules accompany this flexibility. For instance, while CBD oil is legal, possessing, producing, selling, buying, or using CBD oil products with more than 0.3% THC concentration is illegal. In addition, some products are only sold to people who are 21 years and above.

Stores and Shops Selling CBD Oil Products in New York

Since CBD oil products are legal in New York, you can easily access them. Many stores and shops specializing in health food products also stock CBD oil products. However, these stores and shops must stick to the strict 2020 Cannabinoid Hemp Program regulations. For instance, they must be subjected to rigorous quality third-party tests and provide the lab analysis test results. The total CBD concentration in the CBD oil products sold by the shops must not exceed the 0.3% maximum threshold. Alternatively, consumers can access CBD  products online. However, they should be keen to buy from reputable brands only.

Is Smoking CBD Legal in New York

While CBD oil is largely legal in the New York state, smoking CBD as in hemp flowers is banned, especially among the under 21-year-olds. The same applies to injecting CBD oil products into one’s body. However, CBD vapes seem largely illegal but can be legal for people over 21 years. Selling or possessing pre-rolled hemp flower cigarettes is illegal, but they can be sold when not packed and not meant for smoking.

Can CBD Oil be Featured in Alcohol and Tobacco-based Products?

While the New York state laws allow CBD oil usage, consumption, buying, and selling, it limits the sale of CBD-infused alcohol or tobacco. CBD oil can be sold when added to food and drinks but not in tobacco or alcohol-based products. Such products already have chemical substances in them, and featuring CBD oil adds more chemicals, which can be harmful to consumers.

Why are There Stricter CBD Laws in New York?

New York state signed a bill in 2020 that paved the way for the 2020 New York Cannabinoid Hemp Program to be implemented. However, the program comes with stricter laws for CBD oil processors and retailers in the state. CBD enthusiasts can enjoy premium quality, safer products when producers abide by these laws. CBD processors must test their products for purity against standard contaminants, including metals, filth, foreign matter, microbials, and mycotoxins. Also, CBD oil retailers should deal in CBD products that are third-party tested and found to comply with these regulations.

Is Recreational Marijuana Legal in New York?

Recreational and medical marijuana are legal in New York. However, not everyone can enjoy the ‘high’ effect. For instance, you can have recreational marijuana if you are over 21 years. Still, possession of more than 3 and 8 ounces is considered a misdemeanor and felony that attracts 1 and 4 years in jail, respectively. In addition, people under 21 years can only have 3 ounces of recreational marijuana. Another restriction is that one can grow a maximum of 6 marijuana plants. Cultivating 7 marijuana plants or more requires licenses. Having more than 25g of medical marijuana without licenses is illegal in New York.


New York state is one of the many states in the US that have made CBD oil legal. Still, the cannabinoid should have less than 0.3% THC, and patches featuring CBD oil are illegal. Smoking hemp is not allowed in New York, but hemp flowers can be sold if not pre-rolled and packaged for smoking. Recreational marijuana was made legal in New York, but other strict laws still apply. New York has a list of regulatory frameworks per the Cannabinoid Hemp Program of 2020. All retailers and manufacturers should abide by them to produce high-quality CBD oil products.

Anastasia Filipenko is a health and wellness psychologist, dermatolist and a freelance writer. She frequently covers beauty and skincare, food trends and nutrition, health and fitness and relationships. When she's not trying out new skincare products, you'll find her taking a cycling class, doing yoga, reading in the park, or trying a new recipe.

Latest from CBD