Delta 8 THC in New York: Is It Legal?

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Is Delta-8-THC Legal in New York?

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A cannabinoid called delta 8 THC, which is present in hemp, is swiftly gaining popularity across the country due to its potential for both therapeutic and recreational uses. While Delta 8 THC shares certain characteristics with the primary psychoactive ingredient in marijuana, Delta 9 THC, it has entirely different effects and is typically less potent.

You must now inquire, though, as to New York's legality of Delta 8 THC.

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in New York

At the time of this writing on 09/22/2021, New York state law permits the use of delta 8 THC. All hemp derivatives, cannabinoids, and isomers, including all tetrahydrocannabinols other than Delta 9 THC, are now allowed in New York, in accordance with federal law.

It's intriguing that New York has restrictions that are similar to those Maryland has for Delta 8 THC. Seeing what the upcoming months and years bring will be exciting!

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Here is the laws:

ARTICLE 29 GROWTH OF HEMP

§ 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.

(Full Bill)

§ 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.

(Full Bill)

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.

(Full Bill)

§ 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).

(Full Bill)

§ 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.

(Full Bill)

New York's Cannabis Policies

We all know how fervently New Yorkers support marijuana legalization—in fact, even Governor Andrew Cuomo supports the idea. He responded that it is an "obligation as part of managing this national pandemic that they provide financial relief to state and local governments, just the way they took care of the big corporations," when asked why the state has not moved to legalize cannabis as a way to generate new revenue for economic relief instead of depending on federal funds. "I support marijuana legalization," he continued. I've put in a lot of effort to pass it. I have faith that we will, but given the complexity of the matter and the need for a thorough approach, we weren't able to complete it during the previous session.

Since there is some hope coming from the governor himself, we are eager to see what the future of THC and marijuana legalization has in store for New Yorkers.

Is Delta 8 Available in New York?

Rest assured that purchasing Delta 8 is simple, even if you have never done it before. You can get Delta 8 and other cannabis products at your neighborhood dispensary if you are 21 years of age or older. Can Delta 8 be purchased online, though?

You certainly can! You can order hemp products online and have them transported, in accordance with federal law. Remember that any product that contains marijuana derivatives or exceeds the 0.3% dry weight limit for Delta-9 generated from hemp will be regarded as illegal on the federal level.

Where to Buy Delta 8 THC in New York?

Buying Delta 8 in New York has been straightforward after the 2018 Farm Bill. Products from Delta 8 are available in dispensaries, hemp shops, and some gas stations. The easiest way to buy Delta 8 in New York is to order it online.

How Old Do You Have to Be to Purchase Delta THC in New York?

In New York, you must be 21 years old or older to buy hemp products.

Buy Delta 8 THC Online in New York With CannaAid

We create a wide variety of hemp products at CannaAid to suit the needs of all of our New York consumers. We have tinctures, gummies, and even other premium cannabinoids products that have several cannabinoid combinations.

Do you need to purchase Delta 8 THC in New York? Check out all of our incredible Delta 8 THC products, because who wouldn't want to stroll through Times Square while floating on a cloud of tranquility made of Delta 8 THC?

Take a look at our Delta-8 products:

  • Delta 8 Gummies
  • Deltas 8 Disposable
  • Delta 8 Tincture
  • Delta 8 Pre Rolls
  • Delta 8 Vape Cartridges
  • Delta 8 Softgel Capsules
  • Delta 8 Edibles
  • Delta 8 Distillate

Feel free to contact one of our great customer service representatives at any time if you have any questions or concerns. Visit our store today to see what true quality looks like.

This website's information does not constitute legal advice and is not meant to be. The information, content, and materials on this website are intended for informational purposes only and should not be used to make you decide whether or not to purchase any of our products. Laws vary from one state to the next and are always changing. This website may not contain the most current legal or other information. For verification of the legal status and products listed on this website, please consult an attorney in your area. Click here for our Legal Disclaimer.

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