As the state of New York is considering a proposal to legalize recreational marijuana, the city of New York is initiating a crackdown on CBD products.
The New York City Health Department is cracking down on restaurants and coffee shops selling products with CBD in them. The Health Department is claiming that CBD isn't approved as safe to eat or drink, and therefore establishments in the city are not allowed to use it as an ingredient in their products.
Ironically, with the passage of the Farm Bill in December, hemp-derived CBD is now legal in the United States, which means that these products are abiding by federal law now. But that's not how the NYC Health Department views it.
It doesn't help that the Health Department's policies on CBD aren't entirely clear. According to the Health Department, businesses can sell CBD as an additive to customers. But restaurants and other businesses have asked for clearer guidance on what an "additive" means and at what point CBD becomes illegal for them to put in their products. However they have not received the guidance they've requested.
This is obviously both an issue for the NYC Health Department to figure out as well as the federal government. With the passage of the Farm Bill, industrial hemp and other hemp derived products are now suddenly legal. But most local and state governments are still treating it the same as when it was illegal. And the federal government hasn't helped establish new guidelines for these governments to follow.
So perhaps you should avoid legal hemp in the short-term until the government can more clearly define the laws surrounding it.