Delta 8 Legal in New York

Is Delta 8 Legal in New York

If you search ‘is delta-8 legal in New York, you will find unclear information but the simple answer is: No, delta-8 is illegal in New York. Although the reason for that unclear information is the uncertainty that exists regarding the use and ownership of delta-8. Even though the state legalised recreational marijuana, delta-8 THC products sales, its distribution is prohibited in New York state legislation. 

Delta-8 products are widely available and popular, manufacturers are increasing because the market is profitable but still some states have restricted the production and retail of D8 due to safety issues. 

Can you buy Delta-8 THC in New York? 

There are no dispensaries that sell delta 8 Products in New York. You cannot legally buy delta 8 Products from any online brand or retail store. But if you surf the internet, you will find many online brands that have stopped taking orders from individuals residing in New York. 

Laws state clearly that you cannot purchase delta-8 in New York, but even travelling to the Big Apple with d8 products will get you in trouble. There is no official statement about this but it is sure that if you are caught with delta-8 product possession, you might be prosecuted or charged with a heavy penalty. 

What are the alternatives?

As of now, hemp-derived delta-9 products are still legal in New York, or products are labelled as CBD+THC. You can look for these products online, but make sure you buy in legal quantities; between 2mg to 25mg of THC per serving. 

Delta-8 Laws in New York 

Delta-8 Laws

The use of hemp-derived Delta-8 has not always been prohibited in New York state. Following the federal Agriculture Improvement Act (Farm Bill 2018) of hemp and compounds derived from it from its list of restricted substances in 2018, the state legalised hemp and hemp-derived substances.


Delta-8 sellers, manufacturers, and producers were outraged when the New York Cannabis Control Board (CCB) declared on November 3, 2021, that items made from hemp cannot be sold in the state.

Statement on Delta-8 

The New York health department announced the changes, stating that processing and retail of cannabinoid hemp are illegal but the proposed changes are still open for discussion. The changes state that manufacturers are not allowed to use “synthetic cannabinoids”, Delta-8 or delta-10 which is created from isomerization, in the manufacturing of any hemp products. 

State and Federal Law 

In 2018, the federal government removed hemp as defined in section 505 and even cannabinoid hemp was removed from the definition of marijuana. 

Cannabinoids were not clearly legalised in the 2018 farm bill, cultivation of hemp with a maximum THC of 0.3% was permitted in the bill but nothing about cannabinoids was mentioned. 

Ban on Smokable Delta-8 Products 

The state has banned pre-rolled cigarettes under the new rules but hemp vapes are allowed to be sold to individuals above the age of 21. Hemp flowers can be used in the supply chain of CBD extracts and sold in large quantities but not for smoking. 

States that have banned and allowed Delta-8 Products

New York is not the only state that prohibits the production or retail of delta-8 products, following are the states that have banned delta-8

  • Alaska
  • Arizona
  • Arkansas
  • Colorado 
  • Delaware
  • Idaho
  • Lowa
  • Mississippi
  • Montana
  • Rhode Island 

In recent years, delta-8 products have skyrocketed in sales, 29 states have legalised delta-8 and these are the states where products are easily available through online stores. 

What can we expect in the future? 

‘is delta legal in New York will always be a top question among people looking for cannabinoids. Currently, the answer to this question is no, but never say never, New York has already legalised recreational cannabis and a new statement about delta 8 legality in NY might be around the corner. 

According to a meeting in November 2021, the cannabis control board states that “delta-8 products are better left to be regulated in the future Adult-Use program.” 

This leaves all the room for anticipation that maybe someday the board will regulate delta 8 THC in the same way as recreational cannabis. Maybe in the future when the cannabis industry has grown more and there are more proofs of its safety, delta 8 can be legal in New York and other states as well. 

It is safe to confirm that all synthetic delta 8 products are prohibited in New York. Due to safety and regulatory issues, state lawmakers have made it clear that d8 products are not allowed in New York and there are no online brands that will ship the products to New York. All we know right now is that maybe in the foreseeable future, delta 8 becomes legal but there does not seem to be a concrete plan as of now.

0 Comment

Leave a Comment

Your email address will not be published.