CBD flower is legal in New York, but with a couple of restrictions.
Is it legal to buy and sell hemp flower in New York? Let’s look at the state hemp law and whether or not you can legally buy smokable hemp products.
Last Update: August 1, 2023
Article Summary
- CBD flower with less than 0.3% THC is not prohibited in New York. But, it must not be packaged or marketed for smoking. Hemp flower and cannabinoid products meant for inhalation can be purchased only by adults over 21.
- Smokable hemp products, including CBD pre-rolls, cigars, and cigarettes are banned in New York.
- CBD products derived from hemp with less than 0.3% THC are legal in New York.
- State law doesn’t permit the sale of CBD in food products and beverages because they are not approved by the FDA.
- Only licensed retailers are allowed to sell and distribute CBD products. The same goes for out-of-state products. Distributors must be licensed by the OCM to distribute CBD products manufactured outside of New York to state retailers.
Is Hemp Flower Legal in New York?
Yes, CBD flower with less than 0.3% THC is legal in New York.
But, it can only be sold in bulk and not clearly packaged or marketed for smoking.
Under current provisions of the Marihuana Regulation and Taxation Act (MRTA), it’s unlawful to offer for sale hemp flower that’s clearly labeled for smoking.
Smokable hemp products, like pre-rolls, cigars, and cigarettes are prohibited in New York.
Only individuals aged 21 and older are allowed to purchase inhalable cannabinoid products or hemp flower. The Act states:
Cannabinoid hemp retailers shall not offer or sell any cannabinoid hemp product clearly labeled or advertised for the purpose of smoking, or in the form of a cigarette, cigar, or pre-roll, or packaged or combined with other items designed to facilitate smoking such as rolling papers or pipes.”
The Marihuana Regulation and Taxation Act (MRTA) created the Office of Cannabis Management (OCM) to provide oversight and regulation of medical cannabis, recreational cannabis and hemp cannabinoids and extracts in New York.
Individuals who want to sell hemp-derived CBD products at retail in New York must obtain a license from the OCM. The same goes for distributors who want to distribute out-of-state CBD products to New York retailers.
Where to Buy Hemp Flower in New York?
CBD flower is sold in stores in New York, but you can easily order hemp flower online. After the 2018 Farm Bill, it is legal to ship small quantities of hemp flower across all 50 states.
Mr. Hemp Flower delivers organically-grown hemp flower with less than 0.3% THC straight to your door. We include a lab analysis report in each package to confirm you are getting a legal plant — hemp flower with less than 0.3% THC.
Our hemp flower comes from the best farms in Oregon, Colorado, and Washington State. The best part about our products is that you get to use tested, quality hemp flower grown by licensed growers with many years of experience.
Order your hemp flower from Mr. Hemp Flower and enjoy the benefits and flavor of U.S.A. grown hemp.
New York Hemp Flower for Sale
As the hemp industry continues to grow, you need hemp flower from a reputable source. Mr. Hemp Flower offers a range of amazing hemp flower strains and other smokables with high levels of CBDa. All of our products come from organically-grown U.S. hemp, are non-GMO, and pesticide-free.
We deliver your package 3-5 days after purchase.
Here are our best and newest strains with high CBDa content:
We Work With Licensed U.S. Growers
We believe consuming hemp flower grown by licensed farmers with years of experience under their belt is the best way to gain the incredible benefits of hemp flower.
That’s why we collaborate with licensed growers who know hemp inside out and have created some amazing strains throughout the years.
Avoid Using Hemp Flower in Public
Hemp is no longer considered a controlled substance in the U.S., but you should still avoid smoking hemp flower in public.
Under the smoke-free air laws, smoking cannabis is banned in public areas like city pars or outdoor dining spaces.
Is CBD Legal in New York?
Yes, CBD products derived from hemp that contain less than 0.3% THC are legal in New York.
The only exception are CBD hemp products in food and drinks. It’s unlawful in New York to sell food or drinks containing cannabidiol. Retailers and food service establishments that offer CBD in food or drinks may be served violations by the Health Department.
This ban doesn’t apply to the sale of CBD topical oils, patches, oral tinctures, and other hemp-derived products that contain CBD. It only concerns the sale of CBD in food and drinks, ranging from chocolate bars to lattes.
The ban on CBD edibles in New York comes from federal regulations. The U.S. Food and Drug Administration (FDA) considers hemp CBD edibles adulterated. So, these products are subject to enforcement actions by the FDA, including removal, seizure, and destruction of these products.
FAQs on Hemp Flower New York State Laws
How much hemp flower can you purchase at once (or one time) in New York?
The state of New York doesn’t have limits on the quantity of hemp flower you are allowed to purchase at once.
Do you need a special license to purchase hemp flower in New York?
No, you don’t need a special license to buy hemp flower in New York. But, you do have to be 21 and older to purchase it.
Is it legal to sell hemp flower in New York?
Smokable hemp products, including pre-rolls, cigars, and cigarettes are banned in New York. Hemp flower can be sold and purchased if not marketed for inhalation. So, the intention should be to use the hemp flower for creating oils and other extracts.
Is CBD from hemp legal in New York?
Yes, CBD from hemp with less than 0.3% THC is legal in New York. However, not all hemp CBD products are legal as it’s not allowed to put CBD in food and drinks.
Where can you buy hemp flower in New York?
You can easily order hemp flower online if you live in New York. Mr. Hemp Flower delivers your hemp flower to your door within 3-5 days after purchase.
Is CBD oil legal in New York?
Yes, CBD oil, oral tinctures, and other products with less than 0.3% THC are legal in New York. However, the state prohibits the use of CBD oil in food and drinks.
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