What Is the Minimum Age Required to Buy CBD in NYC?

What Is the Minimum Age Required to Buy CBD in NYC?

This is a frequently asked question that our customers in various states ask in order to purchase hemp and CBD products. However, there have been changes in the legality of hemp and CBD products in recent years.

Some common questions people ask are: Is CBD legal in New York? Is it allowed to use CBD for recreational purposes? How old do you have to be to buy CBD in the state? These are all good questions, and we will answer them in this article.

Is CBD legal in New York?

Yes, it is legal; CBD derived from hemp is available in New York, but its use is subject to strict regulations by the New York Department of Agriculture and Markets. CBD is not allowed in addition to food or drink, but it is for sale as a lotion, ointment or balm. The New York State Legislature passed a comprehensive regulatory framework for licensing, manufacturing, selling, and using hemp and CBD in June 2019.

Cannabis-derived CBD can be legally accessed only if individuals possess a valid New York State Medical Marijuana program card. Medical cannabis has been legal since 2014 in the state of New York.

What is CBD?

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. CBD is the second most prominent cannabinoid in cannabis after THC, which has an intoxicating or psychoactive effect. CBD can be obtained from marijuana or hemp plants and has a wide range of purported therapeutic benefits, such as reducing pain, inflammation, and anxiety, and suppressing seizures. Since the cannabinoid has gained considerable attention for its therapeutic properties, more CBD-rich strains have recently been cultivated.

Related: A comprehensive guide to CBD 

Why is CBD sometimes illegal?

Under the Federal Controlled Substances Act of 1970, all types of Cannabis were classified as illegal, including strains of hemp that do not produce enough THC to cause intoxication. Until then, no substance from cannabis was accepted for any accepted medical use known as list 1.

In 2018, the Agricultural Law reclassified Cañano as an agricultural product and legalized its cultivation at the federal level. The law removed some forms of cannabis from the state from List 1 and creates 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. With this, the law legalized CBD because it is derived from cannabis with less than 0.3% THC, as long as it has been cultivated with state and federal regulations. However, it does not mean that CBD is universally legal throughout the United States under the 2018 Farm Bill legislation.

The Food and Drug Administration (FDA) can regulate the labeling of CBD products, including therapeutic claims and using CBD as a food additive. The FDA maintains that CBD cannot legally be added to foods and beverages or marketed as a dietary supplement. The agency has also been strict in its position against any labeling that could be perceived as medical claims about CBD. The Farm Bill also gave states the option to regulate and prohibit the cultivation and trade of CBD. New York is a state that has its own regulatory framework for CBD, adopting some FDA directives and avoiding others.

New York CBD Laws

In June 2019, Bill S6184A, also known as the hemp law, was approved by the New York State Senate with legislation that provides a comprehensive regulatory legal framework for Hemp and CBD.

Some notable amendments to the June 2019 hemp bill include:

  • The New York State Department of Agriculture and Markets has the authority to regulate the production, processing, packaging, and labeling of hemp extract products sold in New York State.
  • Retailers, wholesalers, and manufacturers selling hemp-derived cannabis products must apply for a cannabinoid permit.
  • The sale of hemp extract from another state intended for human and animal consumption is prohibited unless it complies with New York standards and regulations, which will be enacted in the future.
  • All hemp extracts must be packaged and labeled in accordance with New York Department of Agriculture and Markets standards and display a supplemental information panel where applicable, along with a QR code setting out other relevant information. No product can advertise therapeutic claims.
  • Currently, the New York State Department of Health and Agriculture is implementing a general enforcement strategy to prevent illegal CBD products from being marketed.
  • Penalties for CBD-infused foods and beverages include voluntary disposal, seizure or destruction of the product, a fine, and failure to conduct a health inspection. CBD oils, lotions, salves, and other topical applications are legal. 

New York CBD Possession Limits

In New York State, there are currently no possession limits for hemp-derived CBD products. Although Cannabis was decriminalized to some extent in New York in August 2019, those in possession of CBD products derived from cannabis may be subject to penalties. Medical marijuana patients can legally possess a thirty-day supply of non-smokable, non-edible cannabis-derived CBD products.

What is the age required to purchase CBD products for New Yorkers?

Anyone over 21 can legally purchase CBD without restrictions in New York State. Federal law does not restrict CBD forms such as topicals, oils, gummies, and creams.

Are There Any Exceptions to the Age Restrictions for CBD?

In New York, the sale of vapes and cigarettes with CBD is limited to those 21 and over. This is designed to match the age required for smoking in general. 

However, not all CBD products are meant to be vaped or smoked. In fact, the vast majority are not. Because of this, these products are not held to the same standard as other CBD products. Instead, CBD products that aren’t smoked or vaped can be used by anyone over 18. 

For example, someone who is 20 can use CBD oil or a CBD gummy. However, they cannot use a CBD vape. 

This is the only real exception to the age limit for CBD in New York. There is nothing that currently allows for its use for anyone under 18. 

What Are the Penalties for Selling CBD to Minors in NYC?

Recent legislation governing CBD legality within the state outlines the penalties for selling CBD to minors. The penalties are strict and are based on the number of violations. 

The first violation can lead to a fine of up to $1,000. The second violation within three years can lead to a fine of up to $5,000. Any subsequent violations within three years can lead to a fine of up to $10,000. 

In addition, retailers selling CBD to minors can have their ability to sell CBD taken away from them. This would prevent them from ceiling CBD at all. 

The objective of Popped.NYC is to help people find relief with our CBD products; you can visit our store and see our products; if you need more specialized help, ask our expert customer service team.

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