Is Delta 8 THC Legal in New York?

Legality of buying Delta 8 THC in New York

View all Delta 8 THC Legal States Information

Delta 8 THC is considered a legal cannabinoid in New York. Some states such as New York have their own legislation for these products locally. Let's look at what those laws entail.

Is Delta 9 legal in New York?

First we'll start with the most popular cannabinoid in New York: Delta-9 THC. Delta-9 is a naturally occurring cannabinoid found in greater amounts (compared to Delta-8 THC) the industrial hemp plant. Due to the wording set forth in the 2018 Farm Bill, all forms of Tetrahydrocannabinol (THC) are legal, as long as they meet the federal limits. Though it surely wasn't the intention by lawmakers, New Yorkers can actually buy Delta 9 edibles for sale online without the need to visit a dispensary. So, yes: New York is a THC-friendly state. However, let's look more into what is stated as the lawful use of Delta-8 in the state!

Yes, Delta 8 THC is legal in the State of New York.

Delta 8 THC is permitted in New York. Proposed bans on smokable hemp products originating from the New York Health Department along with support in the Senate to legalize smokable hemp demonstrate progressive measures for legalizing hemp derivatives, such as Delta-8, in the State of New York.

The distinction between hemp and marijuana is now only more important at the federal-level as the governor has recently legalized marijuana in the state. With most hemp products legal now, questions have been arising about the legalities of hemp-derived delta 8 THC products.

Just as there's various forms of cannabis, there's also various forms of tetrahydrocannabinol existing in the same industrial hemp plants we have become familiar with since the rise of CBD oils across the country. Relative to Delta 9 THC which is notorious for the pharmacological activity known for getting users high, Delta 8 THC is one of the isomers of hemp that is having its moment.

Delta 8 trans tetrahydrocannabinol (Delta 8 THC) is one of the natural isomers found in hemp plants. Found in hemp extract, Delta 8 is also considered one of the 100+ cannabinoids in hemp sources which are protected by the 2018 US Farm Bill. Up until the passing of this bill (which regulates only Delta-9 THC), possession of hemp could result in hefty fines or jail time. Now, hemp samples simply must be at or below the federal .3% delta-9 THC mandated level.

Current New York Delta-8 Legislation

In response to the 2018 Farm Bill, New York has enacted the state's hemp laws. According to the law, the legislation that has passed broadly allows for the sale and consumption of Delta-8 THC and other hemp derivatives from industrial hemp plants.

In Section 505 of Article 29, it states:

"Hemp" means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of a percent on a dry weight basis.

According to how the law was written, the law strictly focuses on the Delta-9 THC concentration not exceeding the .3%, as prescribed in the federal Farm Bill.

The pending Senate Bill S6184A (SB S6184A) amendment introduced by senators Metzger, May and Skoufis further supports the notion that Delta-8-THC is legal in the state for good.

In the amendment, it adds:

the procedure for testing of industrial hemp produced in the state for delta-9 tetrahydrocannabinol levels, using a representative non-de-carboxylated sample of flowers and leaves from the whole plant or other similarly reliable methods

Therefore, testing industrial hemp is for the purpose of monitoring Delta-9 THC levels. Delta-8 THC levels are not a priority in the state.

Further, the SB S6184A attempts to redefine industrial hemp as the following:

"Industrial hemp" means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Back in 2016, the A09310A Bill sponsored by Lupardo passed both chambers, was signed by the governor and became state law. This effectively allowed for the sale, distribution, transportation and processing of industrial hemp in New York.

New York Industrial Hemp Act

In 2015, the Industrial Hemp Agricultural Research Pilot Program was launched in New York.In March 2021, Governor Cuomo signed into law the legalization of adult-use marijuana.

NY’s adult-use cannabis program will use tax revenue to invest in communities that have disproportionally suffered under failed marijuana prohibition.

Get the details on New York’s adult-use cannabis legislation: https://t.co/cHShOIEkou pic.twitter.com/42XSuAmh9G
— Andrew Cuomo (@NYGovCuomo) March 31, 2021

As a first-of-its-kind, this new law also ushered in a new way of monitoring producers of hemp. With the designation of a new category, "Cannabinoid Hemp," this category will now be overseen by the new Office of Cannabis Management which will now oversee both Cannabinoid Hemp and Marijuana, which is unprecedented.

The Hemp Industry Daily remarked, "New York’s new marijuana law includes a dramatic overhaul of how the state’s hemp industry is regulated." In the Act, legislators define the new Cannabinoid Hemp Category as the following:

"Cannabinoid hemp" means any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than three tenths of one percent delta-9 tetrahydrocannabinol.

In the Act, it also states:

Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not derived from the cannabis plant that are equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity...

Thus, legislators are acknowledging the variation of the different types of Tetrahydrocannabinols that exist in hemp, though, they have decided to strictly monitor the levels of delta-9 tetrahydrocannabinol in the products.

The acknowledgement of generalizing Tetrahydrocannabinols though only regulating the Delta-8 THC, along with the new way of regulating all-hemp in the state, it is promising for setting a precedent for other states to follow. Since the Act is so new, we expect upcoming updates to the state's Controlled Substances list.

List of controlled substances

Hallucinogenic substances and other hard drugs are on the list of controlled substances for the state, but what about Delta 8? Currently, the state's list of controlled substances includes Tetrahydrocannabinols, though that should be changing soon. As Delta-8 THC is a type of tetrahydrocannabinol, it is believed that the state will be updating their list in order to account for the Governor signing the new law in order to avoid any contradictions. The federal guidelines restrict delta-9 tetrahydrocannabinol concentration at or below the .3% limit, and we expect with such recent progressive measures by the state, the federal limit will serve as the guideline and precedent for other states to follow.

Buying and Shipping Delta 8 in New York

With Delta 8 being legal in the State of New York, residents can buy and ship Delta 8 products with a shipping address located in the state. Delta 8 THC products such as edibles and Delta 8 THC tinctures are legal to buy now, and smokable hemp products, like, flower and prerolls are expected to be available for sale soon.

Marijuana products seem to be openly available in addition to hemp-derived delta 8 THC products. With the legalization of marijuana recently announced, you could expect marijuana-derived delta 8 products soon being eligible considerations to enter the market. Though marijuana-derived delta 8 THC is federally prohibited, marijuana policy reform discussions may change that in the future. For now, delta 9 THC-containing products are permissible in certain states only.

With Delta 8 THC regulated primarily at the federal-level, we expect other reform measures for monitoring the various forms of tetrahydrocannabinol which are psychoactive. With the different versions of tetrahydrocannabinol that get users high, hemp manufacturers will continue to innovate in the space for making better products from hemp.

Border States to New York:

Pennsylvania, New Jersey, Connecticut, Massachusetts, and Vermont

Advocacy Groups in New York Supporting Delta 8 and Hemp Laws

New Yorkers are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations:

Empire State NORML

New York Cannabis Growers and Processors Association

New York Hemp Industries Association

Advocacy Groups in New York Supporting Delta 8 and Hemp Laws

New Yorkers are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations:

Empire State NORML

New York Cannabis Growers and Processors Association

New York Hemp Industries Association