If you look around the thousands of stores and shops across New York that sell CBD products, you’d probably answer “Yes, of course.” You can find CBD in everything from chocolate bars and gummi candy to lemonade and lattes. They’re sold at coffee shops, health food stores, dedicated CBD retail outlets — even gas stations.

But since mid-summer, New York state regulators have had a different take: The state Department of Agriculture & Markets issued an advisory letter July 19 that says CBD is illegal in New York when added to food or drinks. The advisory does not apply to topical oils, patches, oral tinctures or other uses. It also does not apply to foods or beverages containing hemp seed oil (without CBD).

This summer, it forced Beak & Skiff Orchards in LaFayette to pull back a CBD Cold Brew Coffee before it even made it to the shelves.

And, at the 2019 New York State Fair, Ag & Markets inspectors stopped vendors from selling edible or drinkable CBD.

On top of this, adding CBD to food or drinks is prohibited in New York City.

“As of July 1, 2019, the Health Department is embargoing food and drink products that contain CBD — the products will have to be returned to the supplier or discarded,” the city’s health department said.

With fines of up to $600 per incident, it can cost a company thousands and thousands of dollars for selling a smoothie. 



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