Is absinthe legal in New York State?

Answer 1

Absinthe was banned in the US in 1912. According to US Customs today, "The importation of Absinthe and any other liquors or liqueurs that contain Artemisia absinthium is prohibited." [5] This runs contrary to FDA regulations which allows Artemisia species in food and drink as long as the finished product is thujone free. Foods or beverages that contain Artemisia species, white cedar, oak moss, tansy or Yarrow must be thujone free.[6] Other herbs that contain thujone have no restrictions. For example, sage and sage oil (which can be 50%+ thujone) are on the FDA's list of Substances generally recognized as safe. [7] The prevailing consensus of interpretation of United States law among American absinthe connoisseurs is that: * It is probably illegal to sell items meant for human consumption which contain thujone derived from Artemisia species. This derives from an FDA regulation (as opposed to a DEA regulation). * It is probably illegal for someone outside the country to sell such a product to a citizen living in the US, given that customs regulations specifically forbid the importation of "absinthe." * It is probably legal to purchase such a product for personal use in the US. * Absinthe can be and occasionally is seized by United States Customs, if it appears to be for human consumption. A faux-absinthe liqueur called Absente, made with southern wormwood (Artemisia abrotanum) instead of regular wormwood (Artemisia absinthium), is sold legally in the United States. However, the FDA prohibition extends to all Artemisia species, including even, in theory, Artemisia dracunculus, tarragon. However, Absente is sold in US retail liquor stores because the export version made for the United States does not contain wormwood.