Growers and manufacturers should contract an independent laboratory validated by the commissioner for routine testing. The testing reports should be made available to the Department.
Many New York businesses started selling CBD products way before the 2018 Farm Bill was a thing. Besides, coffee shops have been making CBD-infused lattes for a long time (this is New York, after all). Meanwhile, bars have also been adding a CBD twist on their classic cocktails.
In June 2019, an all-inclusive regulatory framework covering the licensing, production, sale, and application of CBD and hemp entered the New York State Legislature. At the moment of this writing, it awaits signing from the state’s Governor, Andrew Cuomo.
Are There New York CBD Possession Limits?
What’s more, the agency still claims that regulations require companies to make honest claims on their labels. Nevertheless, buyers should approach CBD products with much caution. Typically, most trusted CBD producers include the following details on their CBD product labels:
Presently, there are no possession limits when it comes to hemp-extracted CBD products in New York. Furthermore, medical marijuana patients may have a third-day supply of non-edible, non-smokable, cannabis-based CBD products.
Governor Andrew Cuomo signed a new law in December 2019 that enabled the hemp industry to label and test their products. Generally, this informs consumers more regarding the drug they’re purchasing. According to state law, CBD retailers need to have a license to sell their products in New York.
Licensing for retailers, extractors, manufacturers, and hemp growers will change with the 2019 Hemp Bill. Although the bill is pending passing, it outlines specific guidelines for extractors, manufacturers, and industrial hemp growers. Furthermore, applicants will undergo background checks to verify they have good moral character, competence, and experience to farm hemp.
In June 2019, the New York State Senate passed legislation which provides a comprehensive regulatory framework for hemp and CBD. Bill S6184A, also known as the Hemp Bill, will become enacted in thirty days once it has been signed by Governor Andrew Cuomo. Some more controversial aspects of the bill may be contested, however, which could delay its enactment.
Applicants must first obtain a license through the New York Department of Agriculture and Markets. The license for cannabinoid extractors is the most comprehensive. Licenses will be renewed biannually, and licensed premises will be subject to random inspections.
New York CBD laws
Presently, the only legitimate way to grow hemp in New York is by participating in the New York Industrial Hemp Agricultural Research Pilot Program. Those interested must apply to the New York Department of Agriculture and Markets, which costs $500. Approved applicants receive a Research Partner Agreement.
Only individuals who hold a valid New York State Medical Marijuana Program card can legally access CBD derived from cannabis. Medical cannabis has been legal in New York since 2014. Cannabis remains illegal for adult use in New York, although marijuana possession was decriminalized to an extent in August 2019. Penalties for possession of small amounts of marijuana have been reduced, and those with existing possession convictions may have their convictions expunged.
In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. New York is an example of a state that has devised its own regulatory framework for CBD, embracing some FDA directives while eschewing others.