Overview
Hemp is a type of cannabis plant, and cannabidiol (CBD) is one of the main compounds naturally found in hemp. Most CBD products are made by extracting CBD from hemp. Hemp and CBD products are becoming more popular, but not all of them are legal or safe. Some products sold today are not legal under New York’s rules. They may contain harmful chemicals, pesticides, or ingredients that can make you feel “high.” Others may not have any real cannabinoids at all.
The Office of Cannabis Management (OCM) Cannabinoid Hemp Program makes sure hemp products with cannabinoids, like CBD, are safer to use. OCM has rules for how products are made, tested, packaged, and labeled to protect health. In New York State, businesses must have an OCM license or permit to make or sell these products.
What is Hemp?
Hemp and cannabis both come from the same plant, Cannabis sativa L. - but they’re not regulated the same way. Federal law defines hemp as cannabis that has no more than 0.3% delta-9 THC (THC) by dry weight. THC is the part of the cannabis plant and is what causes the feeling of being “high.”
Because of a legal loophole, a wide range of intoxicating hemp products are now being sold, meaning they can make people feel high. These products are prohibited by New York State rules and are a public health risk.
What’s the Main Difference between Hemp and Cannabis?
Hemp and cannabis both come from the same plant, called Cannabis sativa L., but they are regulated differently. The main difference is how much THC they have.
Hemp = 0.3% THC or less
Cannabis = More than 0.3% THC
A hemp product comes from hemp and is not allowed to have more than 0.3% THC. Cannabis products can have more than 0.3% THC.
What's Allowed
What Cannabinoid Hemp Products are legal in New York State?
Hemp products are made from hemp and are sold for their cannabinoid content including CBD products. These products are meant for people to consume or use on their bodies. They may come in many different forms such as:
- Tinctures (e.g. CBD oil)
- Pills or capsules
- Balms and lotions
- Food and beverage products.
In NYS, these products are not allowed to have more 0.3% THC. There are also limits on the total amount of THC and cannabinoid levels allowed in certain hemp products.
Any business making or selling hemp products in NYS State must follow certain product rules.
Consumers can find information about the types of hemp products that are allowed to be sold in NYS and learn more here.
Age Restrictions on Cannabinoid Hemp Products
Some hemp products can only be sold to people who are 21 years of age or older, like any products that are smoked or vaped.
What to Look for on a Hemp Product Label
To stay safer, consumers should read the labels and look for products that clearly list ingredients, THC content, and manufacturer information.
Regulated hemp products will not be in packages that copy the look of regular candies or snacks.
Below are examples of unregulated products that look like candies or snacks.
The following sample product label is intended to help consumers recognize a regulated hemp product in NYS. Consumers can compare it with the checklist below to know what to look for before buying a hemp product.
Before buying a hemp product, check the label for the following information:
✅ A list of all ingredients
✅ A nutrition or supplement facts panel
✅ Servings in the package (except for topical and inhaled products)
✅ Lot number or batch number
✅ Expiration or “best by” date
✅ The name of the company that made or distributed the product
✅ The state or country where the hemp was sourced
✅ A scannable QR code or bar code to view the Certificate of Analysis (CoA)
✅ Suggested serving size
✅ Clear instructions on how to use the product
✅ Instructions on how to report an adverse event
✅ Required Warnings, like:
Must be kept out of the reach of children and pets
This product is derived from hemp and may contain THC which could result in a failed drug test (except for topical products)
This product has not been evaluated by the Food and Drug Administration for safety or efficacy
If you are pregnant or nursing, you should consult your healthcare provider before use
For hemp products intended for smoking or vaping: a warning stating that smoking or vaping is hazardous to your health
What are Intoxicating Hemp Products?
What are intoxicating hemp products and why are they a public health risk?
Intoxicating hemp products are not legal in New York’s cannabinoid hemp program. Intoxicating hemp products are made by taking low-THC hemp plants and processing them into intoxicating products. Legal hemp products have 0.3% THC or less by dry weight. In dried plant material like hemp flower, this is a very small amount of THC. However, in other hemp products such as a beverage or chocolate bar, which weighs more than hemp flower, 0.3% can be a high amount of THC, reaching intoxicating levels. In NYS, there are also limits on the total milligram amount of THC and cannabinoid levels allowed per serving, and per package in certain hemp products.
Intoxicating hemp products often have more THC than the legal limit (0.3% THC), an intoxicating milligram amount of THC in the product, or other lab-made cannabinoids, such as Delta-8 THC, Delta-10 THC, THC-O acetate, or THCP and can make you feel “high”. Some hemp products say they have less than 0.3% THC or say that they are “Farm Bill Compliant” on the label but actually have high levels of THC or other intoxicating cannabinoids. Always check the lab testing results of the product to see how much THC there really is in milligrams (mg).
Consumers can find information about THC and cannabinoid limits of hemp products that are allowed to be sold in NYS here.
Key safety concerns include:
- These products may be stronger than regular THC (Delta-9 THC) or more much stronger than the label says. For example, THCP is 30X stronger than regular THC!
- They may be sold without age limits, lab testing, or safety warnings.
- They have not been studied for short- or long-term safety.
- They may be sold online, in gas stations, corner stores, and smoke shops—without the oversight or safety rules required by OCM.
Health risks include:
- Health problems, including mental health issues, lung damage, or heart problems.
- Taking too much due to wrong or missing labels.
- Children accidentally eating dangerous amounts and being poisoned.
Safe Storage
Keep cannabis and hemp products stored safely to protect families and others from unintentionally using them. Keep cannabis and hemp products stored safely to protect families and others from unintentionally using them.
- Store them out of sight and out of reach. Products should be kept in a locked container or inside a locked drawer or filing cabinet.
- Keep it Separate. Products should not be stored in a shared fridge or pantry near other food products where they may be unintentionally consumed.
- Keep them in their original packaging. The original package includes safety information, warnings, and instructions for what to do if someone has a bad reaction.
- Talk to family members & caregivers. If someone is visiting your home or watching your child or pet in your home or theirs, ask them to keep these products safely stored.
Store them out of sight and out of reach. Products should be kept in a locked container or inside a locked drawer or filing cabinet.
Keep it Separate. Products should not be stored in a shared fridge or pantry near other food products where they may be unintentionally consumed.
Keep them in their original packaging. The original package includes safety information, warnings, and instructions for what to do if someone has a bad reaction.
Talk to family members & caregivers. If someone is visiting your home or watching your child or pet in your home or theirs, ask them to keep these products safely stored.
Adverse Events
If someone has an adverse event such as, an unwanted medical reaction or problem from using a hemp product, report it online by filling out the OCM incident reporting form. The OCM Incident Reporting form may be submitted anonymously.
The Incident Reporting Form can be used to:
- Report issues with a product, including side effects
- Share concerns about a product
- Let OCM know if you think the product came from an unlicensed seller
Pictures of the product can be uploaded to help OCM figure out where it came from and what action to take.
If someone accidentally consumes or overconsumes a cannabis product, call the Poison Center at 1-800-222-1222. Call 911 in case of a medical emergency.
Contact
For questions about the Cannabinoid Hemp Program, please contact:
E-mail: [email protected]
Phone: 1-888-OCM-5151 (1-888-626-5151)