Is CBD Legal in Beer in NYS?

May 1st, 2019 • by Paul Leone
Paul Leone

Paul Leone

Paul Leone is the Executive Director of the New York State Brewers Association.

A frequent question we get is, “can I use CBD in my beer?” The short answer is no…not yet.

Below is more information that will give you the current reasons at this time.

The 2018 Farm Bill changed the definition of marijuana which resulted in certain parts of the plant being removed from the controlled substance list.  Hemp derivatives, including CBD, are no longer controlled substances, BUT their use in food is regulated by FDA, and at this time FDA will not approve CBD for use in foods (including alcohol beverages) because it has been approved as a medicine, and you  may not use medicine in foods.   They are under great pressure to revisit that issue, since there are already millions of food products in the marketplace that contain CBD. 

Until FDA tells us that CBD is safe for use in food, they are not allowing it any alcohol beverage.  If you come across anyone using it in beer (or wine or spirits) they have not followed TTB rules about submitting a formula and therefore are not in compliance with TTB requirements. 

Guidance on this topic was issued last week. You can read it here: