Hemp Laws & Licensing · NY
New York hemp laws & licensing
At a glance
- Retail license / registration required?
- Yes — Cannabinoid Hemp Retailer License / Temporary Retail Permit / Distributor Permit (program page)
- Minimum age
- 21+
- State THC caps (hemp products)
- 1 mg THC per serving · 10 mg per package
- Hemp-derived THC products · online sales
- Cannabis system only / banned · online: Prohibited
- Key law
- NY Cannabinoid Hemp Program, 9 NYCRR Part 114 (Cannabis Law Art. 5); OCM product forms guidance v4
The law today
New York requires an OCM license to process, manufacture or sell cannabinoid hemp products: a Cannabinoid Hemp Retailer License ($300 per location per year) for every in-state store or website selling to New York consumers, a Distributor Permit for out-of-state sellers shipping into New York, and Processor or Farm Processor licenses for manufacturing; hemp growers are licensed by the Department of Agriculture and Markets.
Under Cannabis Law Article 5 and 9 NYCRR Part 114, products may not exceed 0.3% total THC, 1 mg total THC per serving and 10 mg per package (tinctures 100 mg), must keep a CBD:THC ratio of at least 15:1 (except flower and topicals), must carry a QR code to an ISO 17025 lab COA, and products over 0.5 mg THC per serving, inhalable concentrates and flower may be sold only to adults 21+. Synthetically derived cannabinoids (delta-8, delta-10 via isomerization), products marketed for smoking, and products with nicotine or alcohol are prohibited.
OCM's Jan 2026 FAQ notes the federal 0.4 mg-per-container redefinition (transition through late 2026) while New York's program continues; S8575 (hemp beverages, 10% tax) remains pending.
Who regulates it
Licenses cannabinoid hemp processors, farm processors, retailers and distributor permits; adult-use/medical cannabis regulator
Hemp grower (cultivation) licensing under the USDA-approved state plan
Cannabis regulator
Hemp-derived THC products here run through the cannabis system: New York State Office of Cannabis Managementcannabis.ny.gov (opens in a new tab)
Licenses & registrations
- Who needs it
- Anyone selling cannabinoid hemp products to New York consumers in-store or online (out-of-state shippers need the distributor permit)
- Fee
- $300 per retail location per year; distributor permit $100 application
- Who needs it
- Extractors and manufacturers of cannabinoid hemp products (2-year license)
- Fee
- Extraction & manufacturing $1,000 application + $3,500 license; manufacturing-only $500 + $1,000; farm processor $100 + $300
- Who needs it
- All processors, retailers, distributors
- Fee
- Not stated on the official page
Hemp Grower License (Department of Agriculture and Markets)agriculture.ny.gov (opens in a new tab)
- Who needs it
- Anyone growing hemp for fiber, grain, CBD or other purposes
- Fee
- Not stated on the official page
The law
- NY Cannabis Law Article 5 – Cannabinoid Hemp and Hemp Extract (§§ 90–111)nysenate.gov (opens in a new tab)
- 9 NYCRR Part 114 – Cannabinoid Hemp regulationscannabis.ny.gov (opens in a new tab)
- OCM FAQ on the 2025 federal hemp law (Jan 9, 2026)cannabis.ny.gov (opens in a new tab)
- S8575 (2025–26) Hemp Beverage and Taxation Act – pending in committeenysenate.gov (opens in a new tab)
Testing & COAs
Need a lab? COA analysis partners
Steps to a compliant hemp business in New York
- 1
Register the business with the NY Department of State and obtain a sales tax Certificate of Authority
- 2
Growers: apply for a hemp grower license through the Department of Agriculture and Markets Hemp Grower Licensing portal
- 3
Manufacturers: apply through NY Business Express for a Cannabinoid Hemp Processor License (extraction $1,000 + $3,500; manufacturing-only $500 + $1,000; farm processor $100 + $300)
- 4
Retailers and online sellers: apply for the Cannabinoid Hemp Retailer License ($300 per location per year); out-of-state shippers apply for the Cannabinoid Hemp Distributor Permit
- 5
Formulate to Part 114 limits (≤1 mg THC/serving, ≤10 mg/package, ≥15:1 CBD:THC), test at an ISO 17025 lab, and label with QR-linked COA and required warnings
- 6
Verify age 21+ for products over 0.5 mg THC per serving, flower and inhalables; never sell synthesized cannabinoids
On Good Hemp Distro
Recreational (21+) market in New York
Closed on GHDThe Recreational (21+) market isn't available in New York: state law only allows these hemp products through its licensed cannabis system, if at all.
State law: cannabis system only.
Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.
Sources & verification
- Verified
- September 29, 2026 — every official link above was fetched and checked on that date.
- Confidence
- High confidence — Official pages verified; law summarised from primary sources.
- Research notes
- The NY Business Express application pages (https://www.businessexpress.ny.gov/app/answers/cms/a_id/3813 for retailer/distributor and /3814 for processor) are the official application entry points but block automated fetching (robots.txt), so they are cited here rather than as verified links. OCM's 'hemp' page (cannabis.ny.gov/hemp) describes a separate cannabinoid grower/extractor concept under a research partnership and appears outdated. Grower license fee not shown on the Ag & Markets page.
- Good Hemp Distro market notes
- 1 mg THC per serving / 10 mg per package with a 15:1 CBD:THC ratio; delta-8/10 and isomerized cannabinoids prohibited. Online and in-person sellers need a Cannabinoid Hemp Retail License. Intoxicating products only via adult-use dispensaries. (Recreational (21+) state dataset, version 2026-09-28)
Cited sources
- Permitted and Prohibited Product Forms Guidance Document – NYS Cannabinoid Hemp Program v4 (NY Office of Cannabis Management)cannabis.ny.gov (opens in a new tab) · 2024-10-07
“Orally consumed products: 1 milligram THC per serving and 10 milligrams THC per package; products may not contain synthetic cannabinoids, artificially derived cannabinoids, or cannabinoids created through isomerization, including Delta-8-THC and Delta-10-THC.”
New York hemp law FAQ
Short answers drawn from the official New York sources above (verified September 29, 2026). Not legal advice.
- Do I need a license to sell hemp products in New York?
- Yes. Official link: Cannabinoid Hemp Retailer License / Temporary Retail Permit / Distributor Permit (program page) (cannabis.ny.gov) — fee: $300 per retail location per year; distributor permit $100 application. Growers license separately through the state hemp program or USDA.
- Who regulates hemp in New York?
- New York State Office of Cannabis Management – Cannabinoid Hemp Program — Licenses cannabinoid hemp processors, farm processors, retailers and distributor permits; adult-use/medical cannabis regulator. New York State Department of Agriculture and Markets – Hemp Licensing Program — Hemp grower (cultivation) licensing under the USDA-approved state plan. Hemp-derived THC products run through the cannabis regulator: New York State Office of Cannabis Management.
- What are New York's hemp laws in 2026?
- New York requires an OCM license to process, manufacture or sell cannabinoid hemp products: a Cannabinoid Hemp Retailer License ($300 per location per year) for every in-state store or website selling to New York consumers, a Distributor Permit for out-of-state sellers shipping into New York, and Processor or Farm Processor licenses for manufacturing; hemp growers are licensed by the Department of Agriculture and Markets. Under Cannabis Law Article 5 and 9 NYCRR Part 114, products may not exceed 0.3% total THC, 1 mg total THC per serving and 10 mg per package (tinctures 100 mg), must keep a CBD:THC ratio of at least 15:1 (except flower and topicals), must carry a QR code to an ISO 17025 lab COA, and products over 0.5 mg THC per serving, inhalable concentrates and flower may be sold only to adults 21+. Key law: NY Cannabinoid Hemp Program, 9 NYCRR Part 114 (Cannabis Law Art. 5); OCM product forms guidance v4.
- What is the minimum age to buy hemp products in New York?
- 21+ under New York law (NY Cannabinoid Hemp Program, 9 NYCRR Part 114 (Cannabis Law Art. 5); OCM product forms guidance v4). Good Hemp Distro is 21+ everywhere regardless.
- Does New York cap THC in hemp products?
- Yes — 1 mg THC per serving · 10 mg per package under NY Cannabinoid Hemp Program, 9 NYCRR Part 114 (Cannabis Law Art. 5); OCM product forms guidance v4. Federally, hemp must test at or below 0.3% total THC.
- Does New York require lab testing (a COA) for hemp products?
- Part 114 – ISO/IEC 17025 third-party lab testing and QR-linked certificate of analysis required on every product. Official page: cannabis.ny.gov
- How do I start a compliant hemp business in New York?
- 1. Register the business with the NY Department of State and obtain a sales tax Certificate of Authority. 2. Growers: apply for a hemp grower license through the Department of Agriculture and Markets Hemp Grower Licensing portal. 3. Manufacturers: apply through NY Business Express for a Cannabinoid Hemp Processor License (extraction $1,000 + $3,500; manufacturing-only $500 + $1,000; farm processor $100 + $300). 4. Retailers and online sellers: apply for the Cannabinoid Hemp Retailer License ($300 per location per year); out-of-state shippers apply for the Cannabinoid Hemp Distributor Permit. 5. Formulate to Part 114 limits (≤1 mg THC/serving, ≤10 mg/package, ≥15:1 CBD:THC), test at an ISO 17025 lab, and label with QR-linked COA and required warnings. 6. Verify age 21+ for products over 0.5 mg THC per serving, flower and inhalables; never sell synthesized cannabinoids.
Related
Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.