Legal and Regs

Is Delta 8 Banned in New York?

Written by Lisa Rennie

The state of New York says it will prohibit the production of hemp-derived delta-8 THC products in-state.

But things are a little bit of a grey area from there.

Interestingly, New York State just legalized cannabis for use among adults not long ago. But it’s among an increasing number of states that are prohibiting delta-8, the cannabinoid from hemp that has psychoactive effects.

The ban, which was issued by the state health department along with other hemp regulations, covers any tetrahydrocannabinol (THC) isomers extracted from the hemp plant.

Although these new regulations were meant to help better understand New York State’s position on delta-8 THC, much is still unclear.

More specifically, is there an actual ban on delta-8 products? Or is this a subject that is still up for additional tweaking by state officials?

There is some confusion about whether there will be bans on selling delta-8 products, or if the changes will focus solely on the manufacturing and extraction process of delta-8.

Proponents of delta-8 believe that the fact that it’s hemp-based and has low should make the product legal under the 2018 Farm Bill. However, it appears that New York wants any cannabis product with psychoactive properties — no matter how minor — to be regulated as marijuana. Some believe that the proposed changes are all about tighter control from officials.

These changes are only being proposed at this time and are still subject to public comment until late July. That said, they’re expected to go into effect later this year, particularly after all comments have been dealt with and other changes are deemed a requirement.

Earlier in the spring, Gov. Andrew Cuomo signed a law to attempt to regulate hemp operators in much the same way that marijuana operators are overseen. Among those modifications include placing limits on smokable hemp and labeling requirements for hemp-based products that now apply solely to THC and CBD, not any other cannabinoids. The state health department will, however, allow the sale of hemp flower, as long as it’s not branded as a product for smoking.


Image source: Zdeněk Tobiáš from Pixabay

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Lisa Rennie

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