Is CBD Legal in New York?

New York

Hemp-extracted CBD has occupied a legal gray area ever since 2018. The changes enacted in 2018 with the passage of the Farm Bill formally legalized the plant for sale, use, and distribution on the national level. So, is CBD legal in New York now?

Directly after the 2018 Farm Bill Act, New York state officials claimed that CBD was legal. They told agriculturalists and vendors that it was legal to produce and sell food, treats, and oils with CBD. In late November, many overjoyed at this announcement. Finally, the general consumer could put their health into their own hands.

CBD Law Is Confusing 

It seems that, since the historic announcement, the state has flip-flopped repeatedly on the issue of CBD. Infamously, health inspectors seized thousands of dollars worth of CBD infused products from Fat Cat Kitchen and other local restaurants. To add insult to injury, they warned Fat Cat that any further marketing of CBD could land them in legal and financial trouble.

The recent law enforcement crackdown illustrates just how contentious, and often confusing, the legal landscape around CBD has been in the state. Health officials maintain that the FDA has only approved one CBD infused product. And it was specifically for the treatment of severe seizure disorders. According to them, it is illegal under state law to put CBD into ingested products.

Is CBD Legal in New York?

Meanwhile, the State Department of Agriculture announced that it was legal to buy and sell CBD products as long as they were marketed specifically as “dietary supplements”. Many experts believe that by using this terminology, they could bring CBD under stricter governance. This is because diet and health treatments are more clearly regulated.

Regardless of the legal limbo that CBD resides in, the vast majority of consumers and businesses market, sell, and use their products openly without concern over legal repercussions. In the past two years, entrepreneurs could sell their products without facing prohibition. As the benefits of CBD become more widely known, state contention against the treatment is dying down.

Currently, the state adheres to the Farm Bill Act. It classifies legal hemp as any plant high in cannabidiol concentration with strictly no more than 0.3% THC content. THC is the psychoactive substance found in many illicit drugs. Individual regulatory bodies within the state, such as the health department, have taken issue with entrepreneurs that make unsubstantiated claims about the efficacy of their product.


All that said, the most reliable way to find effective, reputable, and legal CBD is often through online channels. Vendors at brick-and-mortar locations are often unregulated, pumping out untested supplements into the market. You can explore CBD products that are robustly tested and crafted with care in our store

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