UPDATE! The Department has made updates to the proposed regulations to implement this Program and will be sharing more information as it becomes available.
Individuals or organizations that offer Good Manufacturing Practices (GMP) audits and wish to be included on the Department of Health’s (Department) approved list of GMP auditors can apply and find more information here.
Pursuant to Chapter 1 of the Laws of 2020 signed by former Governor Andrew M. Cuomo, the Department of Health (DOH) is launching a new Cannabinoid Hemp Program to regulate the processing, manufacturing and sale of cannabinoid hemp products (products containing cannabidiol or “CBD”) in New York State. Responding to the recent production and use of cannabinoid hemp products in the market, the Program implements basic consumer protections to ensure cannabinoid hemp products are properly manufactured, laboratory tested and accurately labeled.
NEW! Cannabinoid Hemp Third Party GMP Auditor Applications Now Being Accepted
Cannabinoid hemp products include many CBD products available for purchase today, including tinctures, oils, topicals, pills, capsules, and food or beverages that are intended for human consumption or application for their cannabinoid content. The Program requires anyone who is processing, manufacturing or selling cannabinoid hemp to first obtain a license from DOH. Those interested in growing hemp may find more information on the New York State Department of Agriculture & Markets (AGM) web page.
APPLY NOW: The Department of Health is now accepting applications for Cannabinoid Hemp Processor and Retail Licenses and Distributor Permits.
Medical marijuana patients can legally possess a thirty-day supply of non-smokeable, non-edible, cannabis-derived CBD products.
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.
There are currently no possession limits for hemp-derived CBD products in New York. Photo by: Gina Coleman/Weedmaps
New York CBD possession limits
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
Manufacturers and growers must contract with an independent laboratory approved by the commissioner for routine testing. The reports from testing must be made available to the Department.
There is currently a lack of concrete regulations in New York while the Hemp Bill is awaiting approval from Governor Andrew Cuomo. At present, the New York State Departments of Health and Agriculture are implementing a catch-all enforcement strategy to prevent unlawful CBD products from being sold.
There are currently no possession limits for hemp-derived CBD products in New York.