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Is CBD Oil Legal in New York?
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Is CBD Oil Legal in New York?

The growth of the wellness industry in our country has prompted more and more people to seek natural ways to improve their lives and wellbeing. This natural curiosity has led many people to CBD oil, a useful tool with significant scientific evidence to prove it’s worth.

The wellness community as long advocated for CBD oil as a therapeutic treatment for a variety of conditions. Unfortunately, CBD and its association with marijuana adds a level of uncertainty and confusion for some.

In most states, it is legal to purchase and use CBD oil but it’s not as straightforward as you might think. We’re here to answer some of the most common questions and concerns about CBD oil in the state of New York.

hemp cbd pic

What is CBD Oil?

Before we get too far ahead of ourselves, we want to give you a better understanding of CBD oil.

CBD, short for cannabidiol, is a chemical compound from the Cannabid sativa plant. CBD is a naturally occurring substance and is extracted from the plant as an oil.

Is CBD Oil legal In New York?

Under the 2018 Farm Bill, the Federal Government no longer deemed hemp a controlled substance. What does this mean? This change in status made industrial hemp and hemp derived products like CBD legal in all 50 states.

New York law as of June 2019 deems CBD legal to sell and use, subject to strict regulations. The New York Department of Agriculture and Markets does not allow the addition of CBD to food or beverage.

This means that residents of New York are free to shop hemp derived CBD sold as a dietary supplement as long as it does not make any therapeutic claims.

A diagram showing the two species of the cannabis family: hemp and marijuana with notes about the levels of CBD and THC each plant contains.

Hemp vs Marijuana

The Cannabid sativa plant has two species; hemp and marijuana. The oil extracted from the hemp species is legal for sale and use in the Empire state, as long as the level of THC does not exceed 0.3 percent.

Marijuana which is not legal in New York is naturally high in THC, the compound responsible for making you feel high.

This is an easy-to-read chart showing 7 differences and similarities between CBD (Cannabidiol) and THC (Tetrahydrocannabinol).

Will CBD oil make me high?

Hemp derived CBD oil which is legal for use in New York can help you feel relaxed and calm. It will not make you high. The cannabis plant is made up of two compounds — CBD and THC.

Full Article: Can You Get High On CBD?

CBD is the non-psychoactive portion of the plant, which means that the use of a CBD product will not alter your mental state as long as it contains no THC content.

A diagram showing a CB1 receptor which looks like a purple capital "Y" that is binding with a THC molecule at the top of the "Y" versus another diagram of a CBD molecule that is inhibiting the "Y" by binding to the side of the "Y."

What happens when you take CBD oil?

The benefits of hemp derived CBD oil occur because CBD interacts with the CB1 receptor, found on neurons and filial cells in the brain, as well as the CB2 receptor found in the immune system. Unlike THC, CBD isolate does not bind to these receptors.

Who can use CBD oil?

In the state of New York, it is completely legal for all residents and tourists to use CBD oil as long as you are using it as a dietary supplement and not as medication.

taking cbd oil under the tongue

How do I take CBD oil?

There are a number of different ways to legally take CBD oil in the state of New York. CBD oil can be dispensed through a tincture directly under your tongue. The oil can be ingested as an edible in the form of a capsule.

Some people prefer not to ingest CBD oil and might choose a topical treatment like a cream or ointment, which has proven benefits for muscle and joint pain.

Is Marijuana CBD oil legal in New York?

The CBD oil extracted from the marijuana plant contains more than the legal level of the THC compound which makes the use and sale of marijuana CBD oil illegal.

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.

Where do I find CBD oil?

Legal hemp derived CBD oil can be found in many places in New York. It is available over the counter in health retail shops, dispensaries, and vape stores.

Find a place that makes you feel comfortable and has staff who are willing to answer any questions that you might have.

Online suppliers (like us, duhhhh) also offer amazing quality CBD oil at a reasonable cost. Online retailers can offer a better deal on their products with the elimination of a middle-man. We like this option because you can research each product form the comfort of your own home. Which leads us to the next topic.

What should I look for in a CBD oil?

Now that it is legal to purchase and use hemp derived CBD oil in the state of New York, it’s important to remember that this market is highly unregulated. We encourage you to do your research before you make a purchase. Some things to look for include:

Is it third party tested?

  • CBD products tested by a third party confirm the labels accuracy. You don’t want a product with a higher or lesser dosage than what is promised. Look for a quality assurance stamp or certificate of analysis from a third party.
  • See full examples of Certificates of Analysis (COA) here: https://www.sundayscarieslabtests.com/sunday-scaries-lab-tests

Over Promising:

  • If the product you’re looking at makes exaggerated claims or promises to cure a disease, move on. CBD oil is not a miracle drug. Remember, products making therapeutic claims are also illegal for purchase and use in New York.

Look for products made with CBD from hemp grown in the USA:

  • Hemp plants are very absorbent which means the plants take in whatever they are exposed to in their growing environment.
  • Notably, in China, hemp is planted in between crop cycles to absorb heavy metals and pesticides in the soil. It’s been estimated that over 70% of US hemp is actually imported from China, so make sure the hemp from which the CBD is derived, is grown under USDA parameters.

CO2 extraction:

  • The process of extracting CBD oil from the hemp plant using C02 doesn’t require additional heat or solvents.
  • This means the CBD oil is pure. This method of extraction is expensive which indicates that the company is committed to the quality of its product.

Look at the dosing:

  • CBD oils can be full spectrum, broad spectrum or isolate.
  • Broad spectrum and full spectrum CBD oil will include other cannabinoids which will make your CBD oil more effective; you will only need a small dose.
  • Isolate means the product is 100% CBD; you will require a larger dose using an isolate to get the same effect using a smaller dose of a full spectrum.

Is it possible to overdose on CBD oil?

Hemp derived CBD oil is non-toxic. Overdosing on CBD is not possible.

Is CBD oil addictive?

The CBD oil extracted from hemp plants is not addictive. In fact, there are currently studies underway trying to confirm that CBD oil can successfully block the addictive effects of highly addictive painkillers such as morphine.

Can I travel with CBD oil?

It is legal to carry and travel with CBD oil within the domestic United States if, and only if, the oil is hemp derived and has a THC level of less than 0.3%.

This means that you can cross state borders via car or plane without breaking any laws. It is advised that you print out a product’s lab report and have it available to verify the content of your CBD oil to any inquiring authorities.

Will New York legalize Marijuana CBD oil?

It is very unlikely that New York will legalize the sale, purchase, and use of marijuana CBD oil. Despite substantial evidence to suggest this form of CBD oil has therapeutic effects for a number of diagnoses, the psychoactive and mind-altering characteristic of the plant makes it too difficult to regulate.

This sounds like something I should try!

We’re glad you think so! There is significant scientific evidence indicating the benefits of hemp derived CBD oil. With so many different options for consumption and the long list of therapeutic befits, it’s hard not to consider this oil for your improved wellness.

It is important to remember that the state of New York prohibits the selling, purchasing and use of marijuana. Although hemp derived CBD is legal and easy to find, we encourage you to double check that the oil you select does in fact fit within the confines of the law – a THC amount of no more than 0.3%. As interest in the use of hemp derived CBD oil increases, we will see an increase in research in its uses and efficacy.

Want to get CBD oil delivered to your front door in New York? Get Sunday Scaries Broad Spectrum CBD Oil delivered with free shipping when you sign up for a monthly CBD wellness subscription.

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