CBD Oil In New York: Legality and Where to Buy

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New York state legalized medical marijuana in 2014. Initially, the application process was inconvenient in a program stricter than most neighboring states. However, in recent years, NY has made it significantly easier to apply for MMJ.

Moreover, Governor Andrew Cuomo signed a bill into law that legalized recreational marijuana in March 2021. Adult New Yorkers can now possess up to three ounces of marijuana without the need for a medical marijuana card. The state has even expunged marijuana-related criminal records, and there are now protections for employees who use the substance outside of work hours.

Therefore, one might assume that CBD oil in New York is also legal and easy to access. This guide outlines CBD laws in NY and offers advice on the best places to buy it.

Is CBD Oil Legal in NY?

Yes, CBD oil is legal throughout the state of New York. Businesses and individuals are free to cultivate, extract, manufacture, process, sell, and consume hemp-derived products. New York State Public Health Law classifies industrial hemp as Cannabis sativa L. plants containing a maximum of 0.3% THC.


Yet, New York has only tolerated hemp and marijuana in the last few years. The state began restricting marijuana use in 1914 by requiring a prescription to purchase it. In 1927, New York restricted cannabis usage completely. The famous White Wing Squad helped destroy most of the marijuana farms in New York City in the early 1950s.

Although the state decriminalized the possession of up to 25 grams of marijuana in 1977, a loophole classified public possession as a misdemeanor. It wasn’t until 2014 that New York implemented an MMJ program. However, even at that stage, you technically needed a doctor’s recommendation to buy and use CBD.

The Road to Full Legalization

Governor Cuomo signed the New York Hemp Pilot Program into law in June 2014. A year later, the state launched the program and permitted the growth of hemp for research purposes. In 2017, New York eliminated the limits on the number of sites permitted to cultivate hemp.

The legalization of recreational marijuana ends the debate about CBD’s legality, but there are a few rules to consider.

The 2018 Farm Bill, which legalized the growth of industrial hemp in the United States, seemed to indicate that residents could use CBD oil without fear of arrest. Senate Bill 6184, signed in December 2019, provided a clear regulatory framework for hemp processors and sellers of hemp-derived products.

By now, there were countless stores located throughout New York that sold CBD openly. The legalization of recreational marijuana ends the debate about cannabidiol’s legality in any case. However, there are a few rules to consider.


When it comes to selecting the best and most effective CBD, it really comes down to trial and error and testing out as many products as you can. And that’s exactly what we did. Our review team tried and tested dozens of CBD brands, and we rated FabCBD as #1 overall for potency, value for money, quality & reputation. Try them today and you won’t be disappointed. You can also view the reviews of the best CBD brands here.

Recent CBD Oil Regulations in New York State

The New York State Department of Health announced new regulations for cannabinoid hemp products in October 2020. It outlined the new Cannabinoid Hemp Program, which licenses processors and retailers. The program has also introduced quality control standards.

This is great news for buyers of CBD oil in New York. The lack of federal oversight means a general lack of regulation allows low-quality products to flood the marketplace. However, this should cease to be an issue in New York, at least in theory. Here is a handful of the rules in place:

  • Food and beverage products must contain a maximum of 25mg of cannabinoid per product
  • While CBD is allowed in food and drink, it is not permitted in products that also contain alcohol or tobacco
  • Dietary supplements can contain up to 3,000mg of CBD
  • Hemp and finished CBD products can have a maximum of 3% THC when handled by the appropriate processing license holders
  • All products must be lab-tested before entering the market to check for heavy metals, microbial impurities, and cannabinoid content
  • Processors can’t claim that their products treat, cure, prevent, mitigate, or diagnose any medical condition

How Old Do You Have to Be to Buy CBD In New York State?

While adult-use marijuana is restricted to individuals aged 21+, people aged 18+ can buy CBD in New York. However, the new regulations ban the sale of CBD vaping or smoking products to anyone under 21.

Regulators have also banned the sale of pre-rolled hemp flower cigarettes. It is legal to sell hemp flower to consumers aged 21+ as long as it isn’t packaged and sold for smoking.

cbd oil new york

Overall, it is illegal to inject or smoke CBD in New York, and CBD skin patches are also not permitted, but vaping the cannabinoid is legal.

Where to Buy CBD Oil in New York State

The new legislation means that CBD sellers in New York have to comply with rules that their counterparts in other states don’t. It is excellent news for consumers who can shop with confidence. Here are five of the top-rated New York stores that sell CBD.

Name of Store


Natural Releaf

247 E 77th St, New York, NY 10075, United States

Vitality CBD

67 Elmwood Ave, Buffalo, NY 14201, United States

Yonkers Smoke Shop

150 McLean Ave, Yonkers, NY 10705, United States

Hempire State Smoke Shop

2340 Lyell Ave, Rochester, NY 14606, United States

Hemped NYC

247 Bleecker St, New York, NY 10014, United States

You can also have CBD shipped to your door. Here are five outstanding brands that sell cannabidiol online. Each one complies with New York state’s strict CBD laws:

Marijuana Penalties in New York State

While recreational cannabis is now legal in New York, it is not a free for all. For instance, the possession of over three ounces is a misdemeanor, which could lead to up to a year in prison. If you’re caught with eight ounces or more, you’re charged with a felony and could spend four years behind bars.

CBD is a viable alternative to marijuana if you want to experience what cannabinoids can do for you without feeling intoxicated.

It is legal to gift up to three ounces of marijuana to another adult aged 21+. However, selling any amount is a misdemeanor, while selling over 25 grams without a license is a felony. It is legal to grow up to six marijuana plants (a maximum of three can be mature). Cultivating seven or more is a felony.

Although you can buy marijuana freely once you’re 21, not everyone enjoys the high. CBD also comes from the Cannabis sativa L. plant but is mainly extracted from hemp. It is a viable alternative to marijuana if you want to experience what cannabinoids can do for you without feeling intoxicated.

Final Thoughts on CBD Oil in New York State

Not only is CBD oil legal in New York, but hemp products can also contain a maximum of 3% THC. This is ten times the THC limit implemented by the 2018 Farm Bill while legalizing industrial hemp cultivation. The majority of CBD brands sell products with less than 0.3% THC to comply with this legislation.

While you must be careful when choosing CBD products, there is legislation in New York to protect consumers. Even so, we recommend visiting the official website of at least one of the brands we outlined above.

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