Find out if you can legally purchase hemp-derived delta-8 THC products in the Empire State of New York. This is a frequently asked question that our customers in various states ask in order to purchase hemp and CBD products. However, there have been changes in the legality of hemp and CBD products in recent years.Some common questions people ask are: Is CBD legal in New York? Is it allowed to use CBD for recreational pur
Is Delta-8 THC Legal in New York?
Despite recently legalizing marijuana and CBD hemp flower, New York lawmakers restrict the sale and manufacture of delta-8 products.
Despite contradictory and unclear information currently circulating the internet, hemp-derived delta-8 THC is restricted in New York. Under state law, the sale, distribution, production, and manufacturing of delta-8 products are not permitted. However, the law surrounding the use and possession of delta-8 is unclear.
While New York’s decision to ban delta-8 is strange considering the state recently legalized recreational marijuana, it doesn’t come as a surprise. The state heavily regulates hemp-derived compounds, namely CBD, which can’t be injected, smoked, or used in a skin patch.
New York also restricts other THC isomers, including delta-10 and THC-O.
- Delta-8 is restricted in New York under state law.
- The sale, purchase, distribution, and production of delta-8 products are banned. Delta-8 use and possession laws remain unclear.
- Medical and recreational cannabis is legal in New York.
- Hemp-derived CBD is legal in New York. Smokable CBD hemp flower is currently banned.
Is delta-8 THC legal in New York?
No. Delta-8 THC products are restricted in New York, following an announcement from the New York Cannabis Control Board (CCB) stating delta-8 products cannot be legally sold, produced, or manufactured within the state. The law surrounding the use and possession of delta-8 products is unclear.
Delta-8 THC products are not permitted in the New York State Cannabinoid Hemp Program. Retailers are not permitted to sell Delta-8 THC products and processors are not permitted to manufacture them. The Department has issued proposed regulations clarifying this prohibition which can be viewed here: Proposed Regulations.
New York State Department of Health
Legislative history of delta-8 in New York
Delta-8 derived from hemp hasn’t always been restricted in New York. The state legalized hemp and hemp-derived compounds following the federal enactment of the Agriculture Improvement Act (Farm Bill) in 2018, removing them from its list of controlled substances.
However, on November 3, 2021, the New York Cannabis Control Board (CCB) announced hemp-derived delta-8 products are not allowed to be sold within the state, causing uproar among delta-8 vendors, manufacturers, and producers.
New York Cannabis Control Board prohibits the sale of delta-8 THC as of November 3, 2021.
According to reports, safety and mislabeling concerns are two of the main reasons New York lawmakers prohibited the sale of delta-8 products. A CCB spokesperson stated delta-8 products require regulation through a future adult-use program.
Is medical marijuana legal in New York?
Yes. Medical marijuana is legal in New York and has been since 2014 following the passage of the New York Compassionate Care Act, which was signed into law by Governor Andrew Cuomo. Initially, licensed physicians were allowed to prescribe patients aged 21+ with non-smokable forms of medical cannabis to treat a limited number of qualifying conditions.
However, as of 2021, the list of qualifying conditions now includes opioid addiction, cancer, HIV/AIDS, Parkinson’s disease, multiple sclerosis, and inflammatory bowel disease. Registered patients can legally obtain a 60-day supply of medical marijuana.
Is recreational marijuana legal in New York?
Yes. Recreational marijuana for adults aged 21+ is legal in New York following the passage of the New York Marijuana Taxation and Regulation Act, again signed by Gov. Andrew Cuomo.
The law allows New Yorkers to use and possess up to 3 ounces (85 grams) of cannabis without requiring a medical marijuana card or a doctor’s prescription. Previously, recreational cannabis possession in small quantities was decriminalized.
Buying delta-8 in New York
You cannot legally purchase delta-8 THC products online or in physical retail stores in New York. Many online delta-8 companies have stopped taking orders from users located in the state. Likewise, physical stores previously selling delta-8 are not permitted to sell delta-8 products under any circumstances.
Delta-8 alternatives you can legally buy in New York
While delta-8 products are not legal to buy in New York, hemp-derived delta-9 THC products remain completely legal to buy as of now. Hemp delta-9 products are labelled as “Hemp Delta 9” or “CBD+THC” and are available to buy online in varying potencies between 2mg to 25mg of THC per serving.
Hometown Hero is a veteran delta-8 company branching out into the hemp delta-9 THC world. The company, based in Texas, produces and sells a range of hemp delta-9 gummies and edibles, each with different strengths and potencies to suit beginners and seasoned users. All products are third-party tested by expert cannabis testing laboratories. You can find product Certificates of Analysis (COAs) on the company’s website.
California-based Medterra is one of the leading CBD brands with a small range of hemp delta-9 products, including tinctures, gummies, and capsules. The company takes safety, quality, and transparency seriously. Each product is third-party tested by laboratories specializing in cannabis testing and analysis. All COAs can be found on the company’s website.
What type of delta-8 is legal in New York?
Technically, the natural levels of delta-8 present in hemp and marijuana is legal by default under state law. However, delta-8 converted from CBD or THC via a structural isomerization process in a laboratory is heavily restricted. Structural isomerization refers to altering CBD or THC’s molecular structure using lab-grade chemicals and turning it into delta-8, which can be viewed as a synthetic process.
Can you travel to New York with delta-8?
No. While the use and possession of delta-8 in New York are unclear, you cannot legally travel to New York with delta-8 without the risk of penalty or prosecution. The same applies to any other THC isomer or variant, including delta-10, HHC, and THCP.
Is delta-10 THC legal in New York?
No. Like delta-8, hemp-derived delta-10 is not legal in New York. All THC isomers derived from hemp plants, including HHC and THCP, cannot be sold, distributed, or produced. The legality surrounding the use and possession of delta-8, HHC, and THCP remains unknown and unclear.
Is CBD legal in New York?
Yes. CBD derived from federally compliant hemp plants carrying no more than 0.3% THC is legal in New York. CBD’s legal status in New York means you can use, possess, purchase, sell, distribute, and produce hemp-derived CBD products without fear of penalty or punishment under state and federal law.
However, there are some restrictions on hemp-derived CBD in New York. CBD pre-rolls, cigarettes, and flower marketed and advertised as products for smoking were also not permitted, as announced by the New York Department of Agriculture and Markets in 2020.
The regulations permit cannabinoid hemp flower products to be sold. For hemp flower products to be sold, they must not be marketed or advertised for the purpose of smoking or be in the form of a pre-roll, cigar or joint.
New York Cannabis Control Board
Is CBD derived from marijuana legal in New York?
Yes. Non-smokable, non-edible marijuana-derived CBD is legal in New York, but only for medical marijuana cardholders with a legitimate doctor’s prescription.
Upcoming legislation in New York that could change delta-8’s legality?
There is no upcoming legislation that could change delta-8’s legality in New York. The sale, distribution, production, and manufacturing of delta-8 THC products remain heavily restricted. However, state lawmakers haven’t sealed delta-8’s fate entirely. According to reports, proper regulatory oversight over delta-8 might happen in the future in an upcoming regulatory package.
Closing thoughts: The future for delta-8 in New York
The immediate future for delta-8 THC in New York isn’t good. State lawmakers have made it clear delta-8 products are not permitted in New York, citing safety and regulatory concerns. Worse still, there are no concrete plans to allow its use, possession, or sale. All we know is delta-8 might be permitted later on at an undisclosed date. When that happens is anyone’s guess.
What is the minimum age required to buy CBD in NYC?
This is a frequently asked question that our customers in various states ask in order to purchase hemp and CBD products. However, there have been changes in the legality of hemp and CBD products in recent years.
Some common questions people ask are: Is CBD legal in New York? Is it allowed to use CBD for recreational purposes? How old do you have to be to buy CBD in the state? These are all good questions and we will answer them in this article.
Is CBD legal in New York?
Yes, it is legal, CBD derived from hemp is available in New York, but its use is subject to strict regulations by the New York Department of Agriculture and Markets. CBD is not allowed in addition to food or drink, but it is for sale as a lotion, ointment or balm. The New York State Legislature passed a comprehensive regulatory framework around the licensing, manufacture, sale, and use of hemp and CBD in June 2019.
Cannabis-derived CBD can be legally accessed only if individuals possess a valid New York State Medical Marijuana program card. Medical cannabis has been legal since 2014 in the state of New York.
What is CBD?
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. CBD is the second most prominent cannabinoid in cannabis after THC, which has an intoxicating or psychoactive effect. CBD can be obtained from marijuana or hemp plants and has a wide range of purported therapeutic benefits, such as reducing pain, inflammation, and anxiety, and suppressing seizures. Since the cannabinoid has gained considerable attention for its therapeutic properties, more CBD-rich strains have recently been cultivated.
Why is CBD sometimes illegal?
Under the Federal Controlled Substances Act of 1970, all types of Cannabis were classified as illegal, including strains of hemp that do not produce enough THC to cause intoxication. Until then, no substance from cannabis was accepted for any accepted medical use known as list 1.
In 2018, the Agricultural Law reclassified Cañano as an agricultural product and legalized its cultivation at the federal level. The law removed some forms of cannabis from the state from List 1 and creates a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC and marijuana refers to cannabis with more than 0.3% THC. With this, the law legalized CBD because it is derived from cannabis with less than 0.3% THC, as long as it has been cultivated with state and federal regulations. However, it does not mean that CBD is universally legal throughout the United States under the 2018 Farm Bill legislation.
The Food and Drug Administration (FDA) has the power to regulate the labeling of CBD products, including therapeutic claims and the use of CBD as a food additive. The FDA maintains that CBD cannot legally be added to foods and beverages, or marketed as a dietary supplement. The agency has also been strict in its position against any labeling that could be perceived as medical claims about CBD. The Farm Bill also gave states the option to regulate and prohibit the cultivation and trade of CBD. New York is a state that has its own regulatory framework for CBD, adopting some FDA directives and avoiding others.
New York CBD Laws
In June 2019, Bill S6184A, also known as the hemp law, was approved by the New York State Senate with legislation that provides a comprehensive regulatory legal framework for Hemp and CBD.
Some notable amendments to the June 2019 hemp bill include:
The New York State Department of Agriculture and Markets has authority to regulate the production, processing, packaging, and labeling of hemp extract products sold in New York State.
Retailers, wholesalers, and manufacturers selling hemp-derived cannabis products must apply for a cannabinoid permit.
The sale of hemp extract from another state intended for human and animal consumption is prohibited, unless it complies with New York standards and regulations, which will be enacted in the future.
All hemp extracts must be packaged and labeled in accordance with New York Department of Agriculture and Markets standards and display a supplemental information panel where applicable, along with a QR code setting out other relevant information. No product can advertise therapeutic claims.
Currently the New York State Department of Health and Agriculture is implementing a general enforcement strategy to prevent illegal CBD products from being marketed. Penalties for CBD-infused foods and beverages include voluntary disposal, seizure or destruction of the product, a fine, and failure to conduct a health inspection. CBD oils, lotions, salves, and other topical applications are legal for everyone.
New York CBD Possession Limits
In New York State, there are currently no possession limits for hemp-derived CBD products. Although Cannabis was decriminalized to some extent in New York in August 2019, those in possession of CBD products derived from cannabis may be subject to penalties. Medical marijuana patients can legally possess a thirty-day supply of non-smokable, non-edible cannabis-derived CBD products.
What is the age required to purchase CBD products for New Yorkers?
Anyone over the age of 21 is legally allowed to purchase CBD without restrictions in New York State. Federal law does not place restrictions on forms of CBD such as topicals, oils, gummies, and creams.
The objective of Popped.NYC is to help people find relief with our CBD products, you can visit our store and see our products, if you need more specialized help, ask our expert customer service team.