cbd oil legal for minors

Laws and regulations

California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996. Today, cannabis is legal in California for both medicinal and adult (recreational) use.

The cannabis industry is strictly regulated to make sure:

  • Businesses operate safely
  • Products are contaminant-free and labeled to inform purchasers
  • Cannabis is kept away from children

Statutes, regulations and ordinances are all types of laws that work together to set rules for businesses and consumers.

Department of Cannabis Control (DCC) regulations

DCC makes regulations for cannabis businesses. These regulations specify:

  • What you must submit when applying for a license
  • Rules for running a cannabis business
  • What can and cannot be made into a cannabis product, and what ingredients can and cannot be used
  • Packaging requirements to prevent contamination and inform consumers about what’s inside
  • The testing that each product must pass before it can be sold
  • Enforcement actions that may be taken if a business is not following the rules

Changes to regulations

DCC was formed by merging three state cannabis programs. This requires changes to combine the three regulations into one. This will make it easier for businesses, local governments and the public to understand the law.

What are statutes, regulations and ordinances?

  • Statutes are laws written and passed by the state legislature, and signed into law by the Governor. They apply to the whole state and create a basic structure and rules that everyone must follow.
  • Regulations are rules created by a state agency that interpret the statute and make it more specific. Like statutes, regulations also apply to the whole state. DCC creates regulations that apply to cannabis businesses.
  • Ordinances are rules created by cities and counties to set even more specific rules for the local community. They set the time, place and manner a business can operate or a resident can take certain actions. An ordinance only applies in the city or county that created it. Ordinances can be more specific than regulations or statutes, but they cannot work against them. Check with your city and county to find out if they have passed any ordinances for cannabis.

Statutes

The main statute for cannabis businesses in the Business and Professions Code. It is called the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA sets up a basic framework for licensing, oversight and enforcement.

Cannabis businesses also have to follow the same rules that other businesses in California must follow. For example, there are rules in the statutes about waste disposal, protecting the environment, vehicle registration and paying taxes.

There are also statutes that set rules for people using cannabis in California. The Health and Safety Code has a section on cannabis with:

  • Rules to prevent people under age 21 from getting cannabis
  • Limits on how much cannabis a person can carry at a time
  • Requirements for medical cannabis

Regulations

If you run, work for or want to start a cannabis business, it’s important that you understand DCC’s regulations.

We have resources to help you understand the requirements:

Equity ordinances

Some cities and counties in California have ordinances for equity programs to help people negatively affected by the War on Drugs and create a more inclusive marketplace. Each ordinance supports equity applicants in different ways, such as:

  • Faster application processes
  • Assistance during the licensing process
  • Help with operating your business
  • Direct financial support

Equity ordinances approved by local jurisdictions

  • County of Humboldt – Ordinance No. 2623
  • City of Coachella – Resolution No. 2019-15
  • City of Rio Dell – Ordinance No. 375-2019
  • City of Long Beach – Ordinance No. ORD-18-0015
  • City of Los Angeles – City of Los Angeles Municipal Code, Ch. 10, Art. 4, Sec. 104.20
  • City of Oakland – Ordinance No. 13504
  • City of Sacramento – Resolution No. 2018-0323
  • City and County of San Francisco – City and County of San Francisco Police Code, Art. 16, Sec. 1604
  • City of San Jose – Ordinance No. 30234

Contact your city or county office to learn more about their equity program.

Cannabis (Marijuana)

As of March 31, 2021, it is legal for adults 21 and older to possess up to three ounces of cannabis for personal use in New York. Adults may smoke or vape cannabis wherever smoking tobacco is allowed under the smoke-free air laws, with a few exceptions.

Cannabis use is not allowed in motor vehicles (even if they are parked) or in outdoor dining areas at restaurants. Smoking or vaping cannabis in prohibited areas may result in a summons and fine.

It is still against the law for people younger than 21 years old to possess, sell or use any amount of cannabis. Also, no one may legally possess more than three ounces of cannabis, sell any amount without a license or drive while under the influence or impaired by cannabis.

After legal sales begin (in late 2022 at the earliest):

  • Adults will be allowed to store up to five pounds of cannabis in their home.
  • Adults will be allowed to grow three cannabis plants at home. Homes with more than one adult will be allowed to grow six plants (three mature and three immature plants).
  • Cities and towns may have on-site consumption areas where people can use cannabis.

Medical Cannabis

Medical cannabis has been legally available to New Yorkers through the State’s medical marijuana program since 2014. Medical cannabis is available to people who have a certification from specially licensed medical care providers for certain medical conditions.

The new law expands the eligibility of medical cannabis, increases the number of caregivers allowed per patient, allows prescriptions for as many as 60 days (up from 30) and allows smokable cannabis to be purchased in medical marijuana dispensaries.

By late 2021, certified medical marijuana program patients will also be able to grow up to six plants at a time at home.

For more information about whether medical cannabis could help you, talk to your health care provider.

Federal Law

Under federal law, cannabis possession and use in all forms remains illegal. There are a few FDA-approved prescription medications that contain cannabis-derived products, such as CBD, or are made with synthetic products related to cannabis.

For more information on the federal law, visit the FDA webpage on cannabis and cannabis-derived products.

Cannabis (also known as marijuana) is the second-most commonly used recreational drug in NYC, after alcohol. It can be smoked, vaped or ingested as a food or beverage (edibles), producing reactions such as a relaxed, euphoric feeling, anxiety and an increased heart rate.

The cannabis plant contains hundreds of compounds, including THC (delta-9-tetrahydrocannabinol). THC is a psychoactive compound that makes people feel high. Different forms of cannabis contain different amounts of THC and produce different effects. The more THC that a cannabis product contains, the stronger the effect.

Concentrates, such as dabs, wax and oil, may have much higher amounts of THC — 40% to 90% — than other forms of cannabis, which are usually about 20% THC. Concentrates can cause a faster, more intense effect than other forms of cannabis and may lead to an increased health risk. Cannabis added into food and beverages has a delayed and longer-lasting effect than smoked or vaped cannabis.

A person’s reaction to cannabis also may be affected by their age, height, weight, health status, medications taken, tolerance and what other food, liquids and drugs they have consumed that day.

Health Effects

The legal status of cannabis has made the study of health effects difficult. As more states legalize cannabis for adult use and medicinal use, there has been some increase in research on the benefits and risks of cannabis. However, the study of cannabis remains restricted by its classification as a Schedule I controlled substance by the federal government.

The below information is based on studies that have provided strong evidence of how cannabis can impact health. However, at this time, more information is needed to better understand the health risks and benefits of consuming cannabis.

Benefits

Cannabis has been shown to be helpful for some conditions:

  • Chronic pain in adults
  • Chemotherapy-induced nausea
  • Multiple sclerosis spasticity symptoms

Risks

Some people may experience immediate, unwanted reactions after taking cannabis. These effects can be due to taking a type or amount of cannabis they are not used to, or to taking multiple doses in a short time.

These reactions, which typically go away after the cannabis wears off, can include:

  • Temporary anxiety
  • Faster heart rate
  • Impaired reactions or distorted perceptions
  • Temporary panic, paranoia or hallucinations
  • Severe vomiting
  • Respiratory problems from smoking cannabis

Research has shown links between cannabis and some health risks:

  • Lower birthweight in newborns after a person smoked cannabis while pregnant
  • Higher risk of motor vehicle crashes when driving while impaired
  • Earlier onset of psychotic disorders for those already at risk, particularly people who start using cannabis at a younger age or use it more frequently
  • More frequent respiratory symptoms, especially when the person has chronic bronchitis
  • Lung injuries due to vaping cannabis
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    Safer Use

    Here are some tips to help you use cannabis more safely:

    • Avoid driving after use. It is unsafe and illegal to drive while under the influence of or impaired by any substance, including cannabis. No one drives better while high. If you drive while impaired, you are at a higher risk of dying in a crash or harming yourself and others.
    • Avoid using too much cannabis too quickly. Different forms and strains of cannabis can produce different effects and some are stronger than others. Some forms and strains of cannabis can have a delayed effect. For example, edibles can take up to four hours to feel their full effects. Start with a small amount and wait until you feel its effects before deciding whether to take more. Start low and go slow.
    • Avoid taking different drugs at the same time. Taking cannabis with other drugs, including alcohol, can cause unpredictable effects. If you take prescription drugs, ask your health care provider about the possible effects of taking them with cannabis.
    • Avoid smoking cannabis rolled or mixed with tobacco. There is no safe amount of tobacco use or of secondhand tobacco smoke exposure for those around you.
    • Talk to your health care provider about how cannabis use may affect other health issues. Cannabis may affect you differently if you have a chronic or acute health condition.
    • Be wary of synthetic cannabinoids, also known as K2. They are not cannabis. The effects of synthetic cannabinoids are unpredictable and may be different than cannabis.
    • Keep cannabis out of reach of minors. Children have mistakenly eaten cannabis that resembles food. If you have edibles in your home, keep them separate from other food and beverages. Keep all cannabis products in a secure place that cannot be seen or accessed by people younger than 21.
      • If a child mistakenly eats anything containing cannabis, call the NYC Poison Control Center at 212-POISONS (212-764-7667). (PDF)
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      CBD is one of the compounds of the cannabis plant and a chemical byproduct of industrial hemp. Unlike THC, CBD does not induce a high or cause impairment. People use CBD for different reasons, but there is not strong evidence of its health effects.

      CBD products that have less than .03% THC are legal in the U.S. However, CBD has not been approved for use in foods and beverages by the FDA, so it is unlawful in NYC to sell food or drinks containing CBD. The Health Department may issue violations to food service establishments and retailers that offer food or drink containing CBD.

      If you are a food service operator, learn more about the laws on CBD sales.

      Laws & Regulations

      This section of the site covers what is legal – and what’s not legal – in Nevada. Learn the laws about: possession and consumption of cannabis, growing at home, and minors under 21 years of age. This section also covers information about property owners and employers, and some possible federal implications of cannabis use.

      Statutes:
      (clicking the links below will direct you away from the CCB website)
      Nevada Cannabis Compliance Regulations (NCCR):
      (clicking the links below will direct you away from the CCB website)

      Check with local jurisdictions to find out how local laws may affect you.

      Learn important safety information about consuming cannabis.

      Possession & Consumption

      If you plan to use cannabis, it’s important to know and follow the laws. The laws on this page may not apply to medical cannabis.

      Buying Cannabis

      The only legal way to buy cannabis in Nevada is from a state-licensed retail store. It is illegal to buy cannabis from any other source. Customers purchasing retail cannabis will have to show proper identification proving they are 21 or older, just like for alcohol purchases.

      Possessing Cannabis

      Adults 21 years and older can legally possess cannabis in the following amounts:

      • Up to 1 ounce of cannabis
      • Up to 1/8 of an ounce of concentrated cannabis (the separated resin, whether crude or purified, obtained from cannabis)

      Consuming Cannabis

      Adults 21 years and older can legally consume cannabis, but with restrictions on where it can be consumed:

      • You cannot use cannabis in any public place
      • You cannot use cannabis in a moving vehicle, even if you’re a passenger

      Cannabis can only be consumed on private property (at home, for example), and as long as the property owner has not prohibited it.

      Driving and Cannabis

      It is illegal and dangerous to drive under the influence of cannabis. Any amount of cannabis consumption puts you at risk of driving impaired.

      Learn more about marijuana (cannabis) and driving from Zero Fatalities. (clicking this link will direct you away from the CCB site)

      Growing at Home

      Adults 21 years and older can legally grow cannabis plants at home for their personal consumption, but only if there is not a state-licensed retail cannabis store within 25 miles of the home.

      The following rules apply:

      • Up to 6 plants per person, but no more than 12 plants per household
      • Plants must be grown within a closet, room, greenhouse, or other enclosed area that is equipped with a lock or other security device
      • Plants must not be visible from a public place
      • The grower must own the property or have the permission of the legal owner

      Under Age 21

      It is illegal for anyone under the age of 21 to buy, possess, or use retail cannabis.

      Penalties

      Any person under 21 who:

      • Falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor
      • Knowingly enters, loiters, or remains on the premises of a cannabis establishment, like a retail store, can be punished by a fine of up to $500 (except for legal medical cannabis cardholders)

      It is against the law for any state-licensed cannabis establishments to provide cannabis to anyone under 21 (except for medical cardholders)

      Property Owners

      The cannabis laws in Nevada do not prevent certain individuals and entities from restricting recreational cannabis activity in some situations.

      Under NRS 453D.100 a private property owner is not prohibited from restricting the smoking, cultivation, processing, manufacture, sale, delivery, or transfer of cannabis on their property.

      Federal Implications

      Cannabis remains illegal under federal law, where it’s still classified as a controlled substance. The differences between Nevada and federal laws can lead to challenges in knowing how and where the different laws apply. Consult with legal advisers to be sure you fully understand how federal, state, and local laws may affect you. Below is some general information about the possible federal implications of cannabis use.

      Housing

      If you live in federally subsidized housing, cannabis charges may jeopardize your federal housing benefit. For more information, contact the Nevada Housing Division. (clicking this link will direct you away from the CCB website)

      Federal Land

      Cannabis is still illegal on federal land, including national parks and military bases.

      Laws & Regulations

      Know the Law

      This section of the site covers what is legal – and what’s not legal – in Nevada. Learn the laws about: possession and consumption of cannabis, growing at home, and minors under 21 years of age. This section also covers information about property owners and employers, and some possible federal implications of cannabis use.

      Statutes:
      (clicking the links below will direct you away from the CCB website)
      Nevada Cannabis Compliance Regulations (NCCR):
      (clicking the links below will direct you away from the CCB website)

      Check with local jurisdictions to find out how local laws may affect you.

      Learn important safety information about consuming cannabis.

      Possession & Consumption

      If you plan to use cannabis, it’s important to know and follow the laws. The laws on this page may not apply to medical cannabis.

      Buying cannabis

      The only legal way to buy cannabis in Nevada is from a state-licensed retail store. It is illegal to buy cannabis from any other source. Customers purchasing retail cannabis will have to show proper identification proving they are 21 or older, just like for alcohol purchases.

      Possessing cannabis

      Adults 21 years and older can legally possess cannabis in the following amounts:

      • Up to 1 ounce of cannabis
      • Up to 1/8 of an ounce of concentrated cannabis (the separated resin, whether crude or purified, obtained from cannabis)

      Consuming cannabis

      Adults 21 years and older can legally consume cannabis, but with restrictions on where it can be consumed:

      • You cannot use cannabis in any public place
      • You cannot use cannabis in a moving vehicle, even if you’re a passenger

      Cannabis can only be consumed on private property (at home, for example), and as long as the property owner has not prohibited it.

      Driving and cannabis

      It is illegal and dangerous to drive under the influence of cannabis. Any amount of cannabis consumption puts you at risk of driving impaired.

      Learn more about marijuana (cannabis) and driving from Zero Fatalities.

      Growing at Home

      Adults 21 years and older can legally grow cannabis plants at home for their personal consumption, but only if there is not a state-licensed retail cannabis store within 25 miles of the home.

      The following rules apply:

      • Up to 6 plants per person, but no more than 12 plants per household
      • Plants must be grown within a closet, room, greenhouse, or other enclosed area that is equipped with a lock or other security device
      • Plants must not be visible from a public place
      • The grower must own the property or have the permission of the legal owner

      Under Age 21

      It is illegal for anyone under the age of 21 to buy, possess, or use retail cannabis.

      Penalties

      Any person under 21 who:

      • Falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor
      • Knowingly enters, loiters, or remains on the premises of a cannabis establishment, like a retail store, can be punished by a fine of up to $500 (except for legal medical cannabis cardholders)

      It is against the law for any state-licensed cannabis establishments to provide cannabis to anyone under 21 (except for medical cardholders)

      Property Owners

      The cannabis laws in Nevada do not prevent certain individuals and entities from restricting recreational cannabis activity in some situations.

      Under NRS 453D.100 a private property owner is not prohibited from restricting the smoking, cultivation, processing, manufacture, sale, delivery, or transfer of cannabis on their property.

      Federal Implications

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