The following statement is from our legal counsel. This article is provided as educational content and does not constitute legal advice. If you have concerns you should seek your own legal counsel.

 

The Agriculture Improvement Act of 2018 legalized hemp in certain quantities. Hemp is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Hemp can only be used in concentrations of no more than 0.3%. Hemp has also been removed from the Controlled Substances Act and is no longer included in the definition of marijuana. The new federal law explicitly allows for the transfer of hemp-derived products across state lines for commercial or other purposes. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law.

 

New York State also allows for the sale, growth, distribution, transportation and processing of industrial hemp and products derived from such hemp, which includes CBD oil derived from hemp. Therefore, veterinarians would be allowed to sell and prescribe hemp and hemp related products in NY because it is legal under both state and federal law. While the laws passed regarding the use of medical marijuana in NYS only speaks to human medicine, hemp is not marihuana, so those laws are not applicable.

 

It is our legal advisor's understanding of the law that veterinarians would be allowed to prescribe and sell hemp based CBD oil in NYS as long as the THC content does not exceed 0.3%.