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New Hemp Regulations in New York

New Hemp Regulations in New York

There has never been a more exciting–or confusing time to be a New York hemp producer. Regulations are more fluid than ever. And as a New York based CBD company, our team at Medical Mike’s is laser focused on what comes next. But amidst the uncertainty for farmers and CBD companies like us, one fact is clear: New York supports hemp and CBD and wants to see the industry flourish.

So what are the latest regulations in New York for hemp farmers and CBD producers. And how did we get here? Let’s explore.

New York Hemp Production Regulations

2014 & 2018 Farm Bill

In 2014 the United States Congress passed the first Farm Bill, which allowed hemp to be grown on an approval basis for research purposes. In 2015, New York followed by establishing its own Industrial Hemp Pilot Program and has been growing the crop on a limited basis ever since.

In 2018 Congress revised the Farm Bill to pave the way for broad cultivation across the country. One year later, the United States Department of Agriculture (USDA) drafted the Interim Final Rule to lay the foundation for states like New York to establish large-scale production programs.

USDA’s Interim Final Rule

The Interim Rule included stringent procedures for cultivation, sampling, licensing, and testing. The program also set a legal threshold of .3% THC on all hemp crops, and included provisions for the destruction of plants that tested above the limit. The Rule gave states one year to draft their own domestic hemp programs to submit for approval.

While several states created hemp programs in the last year, New York joined top hemp producers like California and Oregon who did not. Citing its inability to meet the USDA’s restrictive demands while also protecting the financial needs of its 700 growers, New York sent a letter announcing that it would forfeit control after its Pilot Program expired at the end of October. The letter stated:

“Unless the 2014 Farm Bill is extended or the USDA otherwise agrees to change its requirements for the 2021 grow season, it appears that [New York] growers interested in cultivating an industrial hemp crop in 2021 will need to apply to USDA for a producer license.”

But just 30 days before the USDA’s Interim Final Rule was set to take effect, the organization announced last week it would extend the 2014 Farm Bill for another year to October 2021. While this is great news for most states, it puts unexpected pressure on New York.

The Latest Question for New York Hemp Producers

If the USDA’s Interim Final Rule is delayed, under what rules will New York Hemp Farmers operate after the state’s Pilot Program expires this month?

To get an answer, our team at Medical Mike’s reached out to the New York Department of Agriculture and Markets. State regulators said they’re working on it and will have an answer later this week.

But amidst the confusion, New York is still forging ahead with its plans to regulate the production and sale of CBD.

New CBD Regulations in New York

Until late last year, New York stayed relatively quiet about how to regulate hemp extracts such as CBD in products like skin salves, supplements, food and beverages. After all, technically CBD products are still under investigation by the FDA. But in the spirit of forward progress, New York decided to move ahead of the federal government to create its own Hemp Extracts Bill. Under the bill, The New York State Department of Health (DOH) is responsible for licensing CBD processors and CBD retail establishments starting January 1, 2021.

New York’s Hemp Extracts bill sets the following regulatory framework for CBD producers:

  • Licenses. Growers, manufacturers and processors of hemp and hemp extract products including CBD must apply to New York State’s DOH for 2-year renewable licenses.

  • Permits: Retailers, wholesalers, and manufacturers selling “cannabis products derived from hemp extracts” must also apply for a CBD permit. Qualifications for approval are weighted on parameters such as:
  • Good moral character
  • Hemp production experience
  • Competency at delivering a quality product
  • Fingerprints of each researcher, principal, or officer of the license applicant (if requested by the New York Department of Agriculture and Markets)

  • Inspections. The State may conduct inspections at CBD production facilities. Moreover, the licensee must make himself or herself available for these visits.

  • Labeling & Packaging: All hemp extract products must be properly packaged and labeled with consumer well-being in mind. This includes avoiding medical claims, and adding warnings about potential negative health consequences. Product labels must also include:
  • QR Codes
  • Active cannabinoid concentration per serving size
  • Number of servings per container
  • The growing region, state or country (if not from the US)
  • Supplement panel with cannabinoid concentration and serving size

  • Pesticides: Licensed cannabinoid growers are prohibited from using pesticides. Additionally, all products must be extracted and manufactured in accordance with good manufacturing processes.

  • Sampling & Testing: CBD producers must submit samples to independent laboratories (approved by the Department of Health) for tests required by the State. The test results must be shared with the CBD permit holder.

  • Incentives: Hemp CBD farmers may also have access to new investment incentives.

New York’s Lack of Regulations on CBD in Food & Drinks

New York’s Hemp Extracts bill regulates CBD products like tinctures, lotions and salves. But the bill purposely leaves out rules for infused food and drinks. Though New Yorkers can find edible CBD products on shelves in certain stores throughout the state, the Department of Agriculture and Markets Department officially declared them illegal due to the ongoing investigation by the FDA. Moreover, New York governor Andrew Cuomo announced he would not take any action on CBD in food and beverages until a special summit convened on the matter. Thanks to COVID-19, plans for a summit do not appear to be in the works. 

On top of the lack of clarity surrounding allowable CBD products, hemp growers, processors, manufacturers and retailers are all also waiting for specific rules on how to implement the provisions of the Hemp Extract Bill.

For example, the Bill does not clearly lay out the full scope of acceptable hemp CBD products or the final list of packaging and labeling rules. The same goes for laboratory and testing requirements, which are not clearly defined in the bill.

We reached out to the New York State Department Health for an answer to this mind bender. They told us the DOH is still in the process of implementation and is working toward the goal of accepting new CBD hemp applications “early 2021.”

New CBD Regulations in Limbo

But as New York’s Industrial Hemp Pilot Program comes closer to its expiration date, hemp producers are frustrated with the lack of clarity. The industry at large is skeptical the DOH will implement rules in time to allow for a 60-day comment period and still meet the January 1st deadline.

The Bottom Line

While we wait for New York’s Department of Agriculture and Markets to issue guidance on the future of Hemp in New York, our team at Medical Mike’s is always one step ahead of regulations.

  • We only work with organic hemp farmers in New York and Vermont. That means we never use hemp that was grown with pesticides.
  • Moreover, we thoroughly vet our extractors and inspect their facilities to ensure they’re adhering to good manufacturing practices.
  • Finally, we triple check our work by contracting with verified third party laboratories to test our hemp CBD oils and salves.
  • Through testing, we ensure the concentration of CBD listed on our labels is correct. We also guarantee our product is free of all harmful contaminants.

We’re ready for any regulations New York state may throw at us, because quality and safety always come first at Medical Mike’s.

Which Medical Mike's CBD Product is Best Suited For You?


With the explosion of the cannabidiol (CBD) market over the recent past, a myriad of CBD products have been developed and made available to consumers. But which type of product is best suited for you? At Medical Mike's we want to help simplify the process of finding and choosing the right CBD product that is ideal for your particular situation. This guide will help educate you on the type of products we offer so you can make a more informed decision on which one to choose.

Farm to Bottle Hemp CBD products

Like most consumer goods, not all products are created equal. At Medical Mike's we're proud to say that our CBD oils are unlike much of what you see on the market today. More specifically, our product line features "farm-to-bottle" products, which means there's no complicated supply chain before our products end up on our virtual shelves. Instead, our CBD comes directly from the hemp farms, so we know exactly where it's coming from and can be confident marketing our CBD oils as the cream of the crop.  

We work exclusively with small local hemp farmers in the northeast that grow organic hemp plants and practice sustainability. Hemp  farmers use farming and harvesting methods and are highly familiar with the climate, soil, and their hemp crops, helping them grow the best hemp plants possible. Consumers who are conscious of the foods they eat and supplements they consume will appreciate the farm-to-bottle approach that Medical Mike's brings to the table. Our farm-to-bottle products are specifically designed for your needs using the highest-quality, organic ingredients that are locally sourced.

To ensure that we only put out the best and safest products out there, Medical Mike's uses independent and unbiased third-party laboratories that thoroughly test our CBD products to ensure the highest quality. As a consumer, you want to be fully educated about the products you consume, which is why third-party lab results are a critical component of any CBD product on the market. Knowing the potency of the CBD product you're consuming and whether or not any contaminants may have been present during the extraction process is crucial for making an informed purchasing decision, and each and every product in our lineup comes with a comprehensive lab report for your convenience. 

Choosing From Our Product Line For the Best Results

Everyone has different needs when it comes to achieving optimal health and wellness. The types of symptoms you may be suffering from and their level of severity will be much different from someone else's. That's why Medical Mike's offers a variety of potency levels to help all our clients customize their experiences. We offer:

  • 500mg CBD Full Spectrum Oil - For those seeking to achieve and maintain general overall wellness, our 500mg products are the perfect match. These CBD oils contain approximately 8.5mg CBD hemp extract per 0.5mL per serving.    
  • 1,000mg CBD Full Spectrum Oil - Anyone looking for something a little more potent to help alleviate symptoms such as anxiety may find our 1,000mg products helpful. These contain approximately 16.7mg CBD hemp extract per 0.5mL per serving.
  • 1800mg CBD Full Spectrum Oil - Poor sleep can wreak havoc on overall health and wellness, but our 1,800mg CBD products may help improve your sleep so you can wake up feeling well-rested. These contain approximately 30mg CBD hemp extract per 0.5mL per serving.
  • 300mg CBD Full Spectrum Salve - Our topical products are perfect for those looking to target localized pain or heals dry, irritated skin.


What About Tetrahydrocannabinol (THC)?

While CBD is not associated with inducing any psychoactive effects in the body, there are some CBD products that may have THC levels high enough to have some sort of effect on the mind. For those who are simply looking for the therapeutic effects of CBD without the mind-altering effects of THC, Medical Mike's CBD products are ideal. All of our products are made using hemp-derived CBD, which means they have less than 0.3% THC, the maximum legal level of THC from a federal perspective. As such, you can rest assured that our products won't alter your mind following consumption, and are legal in all states. 

Final Thoughts

CBD's therapeutic effect continues to be studied, and both science and anecdotal evidence supports the cannabinoid's impact on the world of health and medicine. At Medical Mike's, we strive to create the highest-quality CBD products that consumers will find helpful and effective. We invite you to explore our line and ultimately choose a CBD product that can help you achieve optimal health and wellness.


The Difference Between Full-Spectrum Crude Oil and Distillates


Consumers who are interested in adding cannabidiol (CBD) to their regimen have a number of options when it comes to the available products currently on the market — and, CBD distillates and full-spectrum crude oils are some of them. 

At Medical Mike's, we focus on full-spectrum CBD oils that feature all of the beneficial compounds of the hemp plant without leaving any behind. While there are CBD isolate products available, we believe that CBD working in conjunction with other cannabinoids, terpenes, and flavonoids in the hemp plant can produce a more enhanced and therapeutic effect in those who consume it. In this article, briefly observe the difference between full-spectrum crude oil and distillates.

What Are Distillate Oils?

Sometimes referred to as broad-spectrum hemp oil, distillates begin as a full-spectrum oil, but are then further refined to remove certain cannabinoids, like tetrahydrocannabinol (THC). They generally contain as much as 80% CBD, with the remainder comprised of other minor cannabinoids, terpenes, and other plant oils. Distillates can be refined even further to create CBD isolates, which are purified CBD crystals that are made up of nearly all CBD.      

There are a few different methods to extract CBD and other compounds of the hemp plant. Distillate oils are run through a more intensive and lengthy extraction process in order to break it down into broad-spectrum or CBD isolates, which essentially leaves behind a product that contains a higher CBD level. But since CBD distillates still contain other cannabinoids, they are sometimes considered full-spectrum products and can contain significant levels of other cannabinoids.

There are pros and cons of distillates, including the following:


  • More potent form of isolated CBD.
  • Versatile (may be used on their own or added to edibles or topicals).


  • Contain very few terpenes that work synergistically together to create the entourage effect.
  • Typically contain a lower content of cannabinoids and other bioactive chemicals.

What Are Full-Spectrum Crude Oils?

Crude CBD oil is also known as full-extract or full-spectrum CBD oil and is considered true hemp oil with all its compounds.

"Full-spectrum" CBD means that all cannabinoids, terpenes, flavonoids— including CBD and other bioactive compounds — are extracted from the hemp plant instead of just the CBD alone. Studies suggest that when all cannabinoids are ingested together, they work in harmony to provide an even greater effect in the body. This phenomenon is what scientists refer to as the "entourage effect." 

More specifically, the entourage effect is based on the notion that each individual cannabinoid can create a more powerful effect when they work together compared to what they are able to do on their own. For this reason, many consumers may prefer consuming full-spectrum oils over isolates.

Like distillates, full-spectrum CBD oil has its perks and drawbacks, including the following.


  • Offers the full benefits of all compounds in the hemp plant.
  • Less processed than CBD isolates.


  • May have a strong flavor.
  • May contain higher levels of THC, which is less than 0.3% by law.

There are over 100 known cannabinoids, of which CBD and THC are the most abundant and well-known. But there are plenty others that are worth noting because of their potential therapeutic effects and role in the entourage effect in the body. There are also many terpenes in the hemp plant as well, which also deserve their credit for the medicinal properties they may have.

Other cannabinoids that would be present in full-spectrum CBD oils include cannabigerol (CBG), cannabichromene (CBC), which we will get into more detail below: 

CBG - A cannabinoid not typically abundant in hemp and usually comprises less than 1% levels in most plants. However, when it works synergistically with other cannabinoids in full-spectrum hemp oils, it can offer a number of health benefits, including alleviating pain, inflammation, nausea, and potentially reducing eye pressure caused by glaucoma

CBC - Sharing the same origins as THC and CBD from cannabigerolic acid (CBGA), CBC is a non-psychoactive cannabinoid that may be associated with neurogenesis, alleviation of pain and inflammation, and calming of skin issues. CBC may even have antidepressant properties

Final Thoughts

While there’s certainly the argument that CBD isolates and distillates can be beneficial because of the high concentrations of CBD contained within them, there's also the potential for more heightened effects with full-spectrum crude CBD oils. 

By allowing all beneficial cannabinoids and terpenes to work together, the effects may be more pronounced and powerful compared to the consumption of CBD alone. We invite you to try any one of our high-quality CBD oils to experience the therapeutic potential of full spectrum extracts.


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