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Marijuana and Hemp: Differences and Laws

With the legalization of Marijuana earlier this year we’ve been receiving many questions about the differences between Marijuana, Hemp, Delta-9, Delta-8, and CBD. Here are some of the differences and laws as they related to New York State:


This article from Pride Surveys does a great job of explaining some of the differences and offers a variety of supportive reading materials. In addition, the below infographic does a great job of outlining the differences between Marijuana and Hemp products. Although it specifically references Illinois it is still applicable to NY State. The link for a PDF of of this file is also accessible under the graphic.

Cannabis Derivatives Fact Sheet


As part of the Cannabinoid Hemp Program,  Hemp derived products (including CBD) can only be sold by businesses that hold a Cannabinoid Hemp Retail or Processor License. Distributors must obtain a Cannabinoid Hemp Distributor Permit for distributing product made out of New York. This license is not a license to sell marijuana, and there are restrictions on the CBD/Hemp products that can be sold. For instance prerolled hemp/CBD products are illegal to sell even with a license. More information on licensing and the full Cannabinoid Hemp Regulations can be found HERE.

The Adult Use Cannabis Regulations are still open for public comment and thus not finalized. However, from a prevention standpoint there is a commitment to restricting advertising to youth, and ensuring effective and clear labeling. If you would like to read more into these regulations or provide public comments you can visit this site. All are welcome to provide commentary, and the more prevention focused comments the better. As this is not linked to passaged of a specific bill this is not lobbying.

If you have any further questions or would like further guidance, technical assistance, or training on this topic please reach out to the LIPRC!