Is Delta-8 Legal in New York
No, Delta-8 products are illegal in New York
Not Legal
In New York State, Delta-8 THC is not legal. In October 2021, the state issued regulations that explicitly banned the sale of Delta-8 THC products, categorizing them as controlled substances. This prohibition applies regardless of whether Delta-8 THC is derived from hemp or marijuana, and possession or sale of Delta-8 THC in New York can lead to criminal charges and penalties.
These state regulations contrast with federal law under the 2018 Farm Bill, which legalizes hemp-derived cannabinoids like Delta-8 THC as long as they contain less than 0.3% Delta-9 THC. However, states have the authority to impose stricter regulations or prohibitions on hemp-derived products within their borders.
Delta-8 THC is a naturally occurring cannabinoid found in small amounts in the hemp plant. It is chemically similar to Delta-9 THC, the primary psychoactive component of cannabis, but is reported to produce milder psychoactive effects. Because of its potential therapeutic benefits, Delta-8 THC has been used by many for a variety of medical conditions. Users claim that Delta-8 THC is an effective pain reliever that can help reduce inflammation and pain. It has been demonstrated to be useful in lowering nausea and vomiting. Additionally, it has been reported that Delta-8 THC increases appetite.
Before purchasing Delta-8 in New York, always check the lab test results for each product to ensure accurate labeling and safety.
If you want to learn more about Delta-8 in general, check out our Delta-8 Resource Center.
Due to the current legislature, you are not able to legally purchase Delta-8 products in New York State.
Due to safety and regulatory issues, state legislators claimed that delta-8 goods are not permissible in New York. This ultimately means that you cannot possess or smoke Delta-8 flower in New York State.
No, Delta-8 products do not undergo third-party testing in New York because Delta-8 THC is illegal in the state. Since it is classified as a controlled substance, there are no legal provisions for testing or selling Delta-8 products in compliance with state regulations. Therefore, any Delta-8 products found in Montana would be considered illegal under current state law.
