Is CBD legal in New York?

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An Overview of CBD Laws in New York

Cannabidiol, also known as CBD, has gained significant attention over the last few years due to its potential health benefits. As a result, many individuals are curious about the legality of CBD in their state. For those residing in or visiting New York, it's crucial to be aware of the legal framework surrounding CBD.

The Federal Perspective

At the federal level, the Agriculture Improvement Act of 2018, also known as the Farm Bill, legalized the cultivation and sale of industrial hemp and its derivatives, including CBD. However, the bill stipulates that the hemp must contain no more than 0.3% THC (tetrahydrocannabinol), the psychoactive compound in cannabis that produces a "high".

Despite the federal law, the Food and Drug Administration (FDA) maintains that the addition of CBD to food and dietary supplements is illegal. This stance has led to further confusion regarding the legality of CBD at the state level.

New York State CBD Laws

In New York, the laws surrounding CBD are somewhat complex. The state has established its own industrial hemp program in accordance with the 2018 Farm Bill, permitting the growth, sale, and distribution of hemp and hemp-derived products, including CBD. However, the state's stance on CBD in food and beverages aligns with that of the FDA.

In 2019, the New York State Department of Agriculture and Markets issued an advisory letter stating that the addition of CBD to food and drinks is prohibited. Yet, CBD oil, tinctures, capsules, and other non-food items are legal to buy and sell, provided they are derived from hemp and contain less than 0.3% THC.


In conclusion, CBD is legal in New York, provided it is derived from hemp and contains less than 0.3% THC. However, the addition of CBD to food and beverages is prohibited. Therefore, individuals interested in purchasing or using CBD in New York should ensure that the products they buy comply with these regulations to avoid any potential legal issues.

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