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The question should be simple: is it legal in New York to manufacture, sell or buy food or drinks containing CBD, the derivative of cannabis that has become a trend product for health-conscious people in recent years? years?
If you browse the thousands of shops and boutiques in New York that sell CBD products, you will probably answer "Yes, of course". You can find CBD in everything from chocolate bars to gummi candies, lemonade and lattes. They are sold in cafes, health food stores, CBD outlets, and even petrol stations.
But since the middle of the summer, regulators in the state of New York have taken a different approach: the Ministry of Agriculture and Government Markets issued an advisory letter on July 19 stating that the CBD was illegal in New York when added to food or drink. The notice does not apply to topical oils, patches, oral tinctures or other uses. It also does not apply to foods and beverages containing hemp seed oil (without CBD).
Ag & Markets has already achieved leading targets in its effort to crush edible and drinkable CBD.
This summer, he forced Beak & Skiff Orchards, at LaFayette, to remove a CBD Cold Brew coffee before even being introduced to the shelves.
And, at the New York State Fair in 2019, Ag & Markets inspectors prevented sellers from selling edible or drinkable CBD (though a few got them early on the day of the day). ;opening). Ag & Markets oversees the state fair.
Yet, many outlets in the CBD continue to sell CBD foods and beverages – mainly because they have not yet been contacted or closed by state control authorities.
At the same time, a bill passed by the state legislature in June but not yet signed by Governor Andrew Cuomo is looming. If signed, it would provide a regulatory framework for the cultivation of hemp and the processing of oils, such as CBD, that are extracted. Among other things, the bill would allow some drinks infused with CBD (but not food).
All this leaves consumers – with producers, manufacturers and retailers – in a fog.
"What everyone tells me is what's going on?" Said Allan Gandelman, co-owner of Head + Heal, Cortland County hemp producer and processor, and president of the New York Cannabis Growers and Processors Association. . . "It's a bit of a free far-west, a gray area where everyone is looking for clarity."
TO APPLY THE LAW
CBD – or cannabidiol – is a natural compound, extracted from the flowers and buds of both forms of cannabis plant – marijuana and hemp. It does not contain significant amounts of THC, the psychoactive substance that creates the "high" of marijuana.
CBD is renowned for its therapeutic properties, such as relief from inflammation, pain and anxiety. Some of his health-related claims, such as seizure prevention, have more scientific evidence than others (such as cancer inhibition).
The availability of the CBD has exploded in recent years, accelerated by the 2018 Federal Farm Bill, which legalized the cultivation of hemp (but not marijuana). New York State now licenses dozens of hemp producers in the state as part of a pilot program.
The growing popularity of hemp and CBD is part of the problem. Although regulators, citing the Federal Drug Administration, say it is not legal to sell edible and drinkable CBD products, they are not about to stop it.
"There are literally thousands of stores throughout the state of CBD's edible, selling muffins and cookies and drinks and the like, and many of them seem to be in violation of the law," he said. said Gandelman. "But Ag & Markets does not have the manpower to enforce it."
For the moment, Ag & Markets spokeswoman Jola Szubielski said the department is focusing on education and its hemp pilot program. In response to questions about the legality of the edible CBD, she offers links to the July 19 letter and an FAQ on the subject.
The letter, sent by Assistant Commissioner, Ag & Markets, Jennifer Trodden, to state food and dairy licensees, was aimed at "clarifying the position of the Department of Agriculture and Food Markets". State of New York regarding the inclusion of cannabidiol (CBD) in food products. "
"No food product or drink can be manufactured or sold in the state of New York if it contains CBD as a food, food additive or ingredient," Trodden's letter goes on.
"Food products that Department inspectors find either in a processing facility or on the market as containing CBD are considered adulterated and are subject to enforcement action by the Department or the US. Food and Drug Administration (FDA) Execution measures may include:
• Voluntary withdrawal of products
• Seizure and / or destruction of products
• Issuing a fine and / or a failed sanitary inspection "
LEGAL UNCERTAINTY
Ag & Markets has not set a deadline for the implementation of the non-food-CBD policy, said Szubielski
A CBD contractor from central New York, however, said the ministry had given him until October 1 to stop selling edible CBD-based products.
"We were told that the state's position was, as of October 1, that they did not want anything edible at the CBD," said Yardley Burgess Jr., whose Empire CBD company has three outlets in Onondaga County.
Burgess is therefore ready to sell its current inventory of chocolate bars, gummi candies and honey sticks, while hoping that the bill approved by the Legislature this summer will become law. This, he said, could allow the rules to change.
"It's possible that all of this is only temporary, if they approve the bill," Burgess said.
The bill, among other things, would require retailers to obtain licenses to sell CBD and other hemp extracts (similar to state licenses for liquor stores).
Burgess supports state licensing of retail outlets in general, although he is concerned that the state may limit this number. He thinks the CBD Empire, with three sites and more in planning, could benefit from a license.
"We would be able to go from there and follow the directions of the state," he said. "At least we hope that's the case."
CLARIFY THE RULES
The bill approved by state legislators in June, known as the "Hemp Extract Bill", is still under scrutiny by the representatives of the US government. State and actors in the cannabis sector. It is possible that changes to the chapter may be slightly modified before being sent to the governor.
"We (members of the public cannabis association) are still discussing what that means," Gandelman said.
At the same time, the Federal Drug Administration, of which Ag & Markets is inspired, continues to work on a potential new classification of CBD in foods. At this point, the FDA still considers it to be illegal.
The New York bill, in its current version, would allow drinks to contain up to 22 milligrams of CBD per serving. But that would not legalize CBD in foods.
One of the outstanding pieces of the bill that Gandelman strongly supports is its emphasis on hemp grown in the state of New York and its processed extracts.
"We (producers and processors) know we can control what we do and provide high quality," he said. "We therefore support this effort to keep control of existing products."
It is also important for the state to move quickly to put these regulations in place, he said.
"Right now, we have all sorts of products from different places. Some of them do not really know what they contain, "he said. "But they're here in New York on the shelves and building brand identity with New York consumers, so local and New Yorkers are losing market share while the state understands it. "
Related, connected, related:
– CNY CBD chain adds new stores
– The former WNY NFL star launches the CBD
– Opening of the CBD store in Destiny USA
Don Cazentre writes for NYup.com, syracuse.com and the post-standard. Reach him at [email protected], or follow him to NYup.com, sure Twitter or Facebook.
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