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Is CBD Oil Legal in NY?

Is CBD Oil Legal in NY?

If you walk into Flower Power Cafe in Brooklyn, New York City, wondering: “Is CBD oil legal in NY”, the baristas are likely to quickly answer your question with a cup of piping hot cannabidiol (CBD) infused coffee. Yes, CBD oil in New York is legal, and it's more popular than ever before. Samantha Hew originally started using a little CBD oil in coffee as a celebration for 4/20, but since then the demand has been overwhelming. According to Hew, the product they had ordered for the week sold out almost immediately. There is very clearly a thirst for all things CBD oil in New York, legal since 2014. [1]

Wondering: “Is CBD oil legal in NY?” The baristas here are likely to answer your question with a cup of piping hot CBD infused coffee.

More than just CBD Oil in NY is legal. The state is now one of many with legal access to medical marijuana. Patients with a qualifying health condition, including cancer, positive status for HIV or AIDS, Parkinson's disease, multiple sclerosis, and many more, can speak with their certified healthcare practitioner to register for access to the state-sponsored program.[2]

Most people by now realize that CBD oil is a much different product than medical marijuana, despite coming from the same species of plant and having similar medicinal benefits. Through separate pieces of legislation, both types of CBD oil are legally obtainable in New York - the hemp-derived CBD oil, and the marijuana-derived CBD oil.

The Difference Between Hemp Derived and Marijuana Derived CBD Oil

Marijuana, cannabis, hemp, weed... These names and plant derivatives are all familiar, but typically poorly understood in popular culture. Cannabis businesses, medical patients, and even healthcare professionals use the words interchangeably, causing more confusion than anything else. There are clear differences between all the substances derived from the Cannabis sativa family of plants. When properly defined, the differences in their medicinal application, legal status and more, are quite distinct.

Technically, all the terminology listed above describe different products from the Cannabis sativa family of plants. The Cannabis family comprises hundreds of medicinally active compounds called cannabinoids and terpenes. These compounds are naturally able to interact with the endocannabinoid system, influencing it in many interesting and beneficial ways for human health. These compounds are also partially responsible for the differences between the two most common types of cannabis plants: marijuana and hemp.

Industrial hemp is grown primarily for its stalk, fiber, seeds and increasingly for its CBD content. Marijuana, on the other hand, is largely grown for its other cannabinoid compound - THC - and its flowers, which are THC rich. Most marijuana strains on the market today have high levels of the psychoactive THC, while hemp must legally contain under 0.3 percent THC. The cannabinoid difference confirms that hemp is not-psychoactive, while marijuana typically has some level of psychoactivity.

Purchasing CBD oil sourced from hemp avoids any risk of THC contamination, and in New York, it is legal.

The differences between hemp derived, and marijuana-derived CBD oil comes down to the intention behind its breeding, and the part of the plant used. If its flowers are grown for their resinous trichomes, it is classified as marijuana. If it is grown for the use of the leaves and stalks, that is, more industrial purposes, it is considered hemp. Purchasing CBD oil sourced from hemp avoids any risk of THC contamination, and in New York, it is legal, no matter if you have an approved medical marijuana card or not. [3]

CBD Oil in New York, Legal History

Thankfully, CBD oil, in New York, is legal from both marijuana and hemp sources. Legally, the major difference between the two is the state-managed medical marijuana program. To purchase and consume marijuana-derived CBD oil in NY, a patient must first receive a diagnosis from a certified physician. All marijuana products, including marijuana-derived CBD oil, is sold via approved government channels. Essentially, CBD oil from marijuana is legal in New York, provided you follow the regulatory process.

RELATED: Could CBD Be Inflammation’s Worst Enemy ... Naturally?

On the other hand, CBD oil from hemp is entirely legal. Federally, there is a grey area around the production, distribution, and use of industrial hemp in the United States, but  New Yorkers wished to clarify that law. In 2017, Senate Bill S6787 was signed into law by the governor of New York. According to the text, “this bill would modify the Agriculture and Markets Law (AML) to ensure that industrial hemp will be considered an agricultural product and that it be treated the same way as other crops and seed.” Going forward, there should be no further questions around “Is CBD Oil legal in New York?”, no matter if it’s from marijuana or hemp. [4]

CBD oil from both marijuana and hemp sources, is legal in New York.

RELATED: Is CBD Oil Legal?

Benefits of CBD Oil

New Yorkers are putting CBD into much more than just in their coffee, as it is gaining popularity for many different health issues. This gentle cannabinoid is undergoing intense research in a series of research projects that explores its indication for many different health issues. According to the owner of a Rochester based dispensary, "the biggest reason people come in is for pain, and then there's a lot of people for anxiety. We even have cancer patients that are regulars." CBD oil in New York is legal and clearly in high demand. [5]

As stated, the compound is still in the preliminary phases of research, but despite this lack of robust clinical study, people are seeking it out as an alternative means to alleviate their aches and pains. Currently, the areas undergoing intense research for CBD oil include intractable epilepsy, cancer, inflammation, pain, multiple sclerosis, neurodegenerative disorders like Alzheimer's disease, and many, many more.

RELATED: The FDA May Approve CBD-Based Epilepsy Drug

According to employees of the aforementioned Flower Power Coffee, CBD oil improves their daily well being. They and their customers enjoy it because it takes the edge off their daily anxieties, even when combined with a caffeinated beverage. In the words of one staff member who has been enjoying a cup of CBD coffee every day, "You're awake and you're calm; you're not jittery or wired up. You're just focused and ready to go."

For them, and many others, cannabidiol is a natural supplement to boost daily health and wellness. There is immense potential for its medical applications, provided the current body of research continues as it does at the moment. As Flower Power Coffee has demonstrated, using it on a daily basis is as easy as adding it to your morning cup of joe.

Sources:

[1]  http://pix11.com/2018/04/30/brooklyn-cafe-serving-up-cannabis-infused-coffee/

[2]  https://www.medicaljane.com/2015/01/14/the-differences-between-hemp-and-cannabis/

[3]  https://www.health.ny.gov/regulations/medical_marijuana/patients/

[4]  https://www.nysenate.gov/legislation/bills/2017/s6787#yes

[5]  http://www.rochesterfirst.com/news/local-news/cbd-oil-spikes-in-interests-as-people-claim-it-helps-relieve-pain/1161827579

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