Delta-8 and Hemp THC Laws in New York
How New York law treats delta-8 and hemp thc products, from the state code and official state agencies.
Short answer: Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain… 9 NYCRR Part 114 (as amended eff. Dec. 13, 2023)
| Delta-8 and hemp THC products | Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain no more than 0.3 percent delta-9 THC. Food, drinks and other orally consumed hemp products are limited to 1 milligram of THC per serving and 10 milligrams per package. Licensed hemp retailers must attest that they will not sell flower, inhalable concentrates (such as vape cartridges) or any product with more than 0.5 milligrams of total THC per serving to anyone under 21. The Office of Cannabis Management licenses businesses that make, distribute or sell cannabinoid hemp products; intoxicating THC products are otherwise sold through the licensed adult-use cannabis system. Under-21 attestation: Part 114 text https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf ; Office of Cannabis Management legislative overview (Feb. 2026): https://cannabis.ny.gov/system/files/documents/2026/02/hemp-overview-for-the-nys-legislature.pdf |
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FAQ
Is delta-8 legal in New York?
Banned in cannabinoid hemp products. Since December 13, 2023, cannabinoid hemp products sold or distributed in New York may not contain synthetic or artificially derived cannabinoids or cannabinoids created through isomerization, including delta-8 THC and delta-10 THC, and must contain no more than 0.3 percent delta-9 THC. Food, drinks and other orally consumed hemp products are limited to 1 milligram of THC per serving and 10 milligrams per package. Licensed hemp retailers must attest that they will not sell flower, inhalable concentrates (such as vape cartridges) or any product with more than 0.5 milligrams of total THC per serving to anyone under 21. The Office of Cannabis Management licenses businesses that make, distribute or sell cannabinoid hemp products; intoxicating THC products are otherwise sold through the licensed adult-use cannabis system.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.