New York has made significant progress in regard to cannabis reform, becoming the 23rd state in the union to legalize medical cannabis. However, the state has been criticized for limitations on its policies, and advocates are working for further progress.
CBD from Hemp Oil in New York
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in New York
The State of New York did legalize medical cannabis in 2014 with the passing of the Compassionate Care Act (Assembly Bill 6357). Patients must obtain a certification for medical cannabis from a physician that is registered with the Medical Marijuana Program. Under the law, registered patients with a qualifying condition have access to a 30-day supply of non-smokable cannabis products, including capsules, liquids and oil for vaporization or administration via inhaler. Home cultivation of cannabis for medical purposes is not permitted under the law. There are currently 20 open and operating dispensaries throughout the state.
In New York, the following conditions are approved for medical cannabis access:
- Amyotrophic Lateral Sclerosis (ALS)
- Chronic Pain
- HIV / AIDS
- Huntington’s Disease
- Inflammatory Bowel Disease
- Multiple Sclerosis (MS)
- Parkinson’s Disease
- Post-traumatic Stress Disorder (PTSD)
- Spinal Cord Damage Causing Spasticity
The Department of Health commissioner is charged with to adding or removing qualifying conditions. The department has previously considered and refused to add Alzheimer’s disease, muscular dystrophy, dystonia, post-traumatic stress disorder (PTSD), and rheumatoid arthritis.
This medical cannabis policy has come under scrutiny for a few reasons, including the exclusion of certain conditions from qualifying and the exclusion of smokable cannabis.
You can find the New York State Medical Cannabis Program website here.
Recreational Cannabis in New York
Recreational cannabis remains illegal in New York. Possession of small amounts of cannabis, fewer than 25 grams, has been decriminalized in New York since the 70’s and is punishable by fines of $100 to $250. Possession of 25 grams to 8 oz. is still considered a misdemeanor in the state and punishable by 3 months incarceration and a maximum fine of $500. Possession of more than 8 oz. is a felony and punishable by jail time of 4 to 15 years and fines of $5,000 to $15,000.
Cultivation of Cannabis in New York
The personal cultivation of cannabis for personal or medical use remains illegal. Five licensed producers provide the supply of cannabis for New York’s medical cannabis program.
New York State did pass Senate Bill 7047 in 2014 to legalize the cultivation of industrial hemp for research purposes. Growers must be certified and approved by the Department of Agriculture and Markets. Up to 10 additional sites, authorized by the commissioner, can be approved for growth and cultivation of hemp.
- http://medicalCannabis.procon.org/view.resource.php?resourceID=000881 – NewYork