Is Delta-8 THC Legal in New York?

Yes, Delta-8 is LEGAL in New York

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What is Delta-8 THC?

Delta-8 THC is a type of cannabinoid found in cannabis plants that has been shown to have anti-inflammatory effects, making it an alternative for people who are allergic or sensitive towards traditional painkillers. But before you try this chemical substance with no understanding what the side effects may be like, make sure you know exactly what delta-8 THC really means and how it might affect your health!

What is the Difference Between CBD and Delta-8 THC?

You may want to know the difference between delta-8, delta-9, and CBD. Delta-8 isn't as potent or intoxicating like delta-9 THC found in marijuana but it still has an effect on your body when consumed. On the contrary though is CBD which doesn’t have any type of high feeling associated at all due to being non-psychoactive.

How is Delta-8 THC Related to Cannabis and Hemp? 

There are many different types of cannabis, but the main difference is in concentration. The three species that comprise it-Cannabis sativa Cannabis indica and Cannabis ruderalis each have their own unique varieties with varying potencies depending on how much THC or CBD they contain.

The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that these new drugs are now available in most states, even if marijuana is still illegal; however many states have begun creating frameworks and regulations for the legality of this specific type of drug.

Why are Some States Banning Delta-8 THC?

The answer is a bit complicated, but it boils down to the psychoactive compounds of cannabis being illegal in others and competition for fledgling marijuana businesses. Until there's an official regulatory framework governing these products altogether, many other states will continue their ban on it as well.

The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that delta-8 THC products are now available to consumers in most states, even if marijuana is still illegal. However, many states are beginning to create a legislative and regulatory framework to address the legality of delta-8 specifically. 

As of 5/2021, delta-8 THC is LEGAL in New York under ARTICLE 29 GROWTH OF HEMP. 

The law reads as follows:

§ 505. Definitions.

1. “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.

§ 505. Definitions.

1. “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.

With additional information addressed as follows:

§ 520 Definitions

2. “Hemp extract” means any product made or derived from industrial hemp, including the seeds thereof and all derivatives whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount of 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 an amount determined by the department in regulation, used or intended for human or animal consumption or use for its cannabinoid content, as determined by the commissioner in regulation. Hemp extract excludes industrial hemp used or intended exclusively for an industrial purpose and those food and/or food ingredients that are generally recognized as safe by the department, and shall not be regulated as hemp extract within the meaning of this article.

With additional information addressed in ARTICLE 33: CONTROLLED SUBSTANCES. TITLE 1:

§ 3302

21. “Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

The term “marihuana” shall not include:

(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;

(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;

(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or

(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.

With additional information addressed as follows:

§ 3306 Schedules of controlled substances

Schedule I. (d) Hallucinogenic substances.

(13) Marihuana.

(21) Tetrahydrocannabinols. Synthetic 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 such as the following:

/\1 cis or trans tetrahydrocannabinol, and their optical isomers

/\6 cis or trans tetrahydrocannabinol, and their optical isomers

/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers

(since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).

With additional information addressed as follows:

§ 3307 Exception from schedules

5. The commissioner may by regulation or emergency regulation, reclassify any compound, mixture or preparation containing any substance listed in Schedule I of section three thousand three hundred six of this title as a Schedule II, III, IV or V substance, or exempt it from this article, if that same compound, mixture or preparation is redesignated or rescheduled other than under Schedule I under the federal Controlled Substances Act, or deleted as a controlled substance under the federal Controlled Substances Act. If the commissioner acts under this subdivision and does not exempt the compound, mixture or preparation from this article, he or she may only reclassify it to a newly created subdivision in the same numbered schedule or a higher numbered schedule than to which it is redesignated or rescheduled under the federal act.

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