Is Delta 8 THC Still Legal to Buy in New York? Rules & Restrictions in the Empire State

New York’s ban on “synthetic” delta 8 was a long time coming. But despite government pushback, the compound remains popular and present on the shelves in New York shops. 

The legality of this cannabinoid in New York is complicated, so if you’re wondering whether you’re buying an absolutely legal product, read on.

Is Delta 8 THC Legal in New York? 

Naturally occurring hemp delta 8 THC is legal in New York. The Empire State has banned synthetically derived ∆8-THC, especially when created through isomerization. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a hemp derivative naturally present in the plant in less than 0.1%. This derivative can be obtained in a lab through the isomerization of cannabidiol (CBD), but it can also be a product of the natural transformation or degradation of delta 9 THC. The most common uses of this compound include pain, poor sleep, low appetite, nausea and vomiting. 

Studies show that this cannabinoid acts similar to delta 9 THC in the body because it has an affinity to the CB1 receptors in the brain. But, due to differences in structure, this compound exhibits half the potency of traditional THC and causes a mild “high.” The main difference in effects between the two is that delta 8 causes anxiety to a lesser degree. 

Buying Delta 8 THC in New York

Online you can find the best ∆8-THC products. Crazy8s is a trusted vendor dedicated to bringing you tested and genuine items. We use an original formula for our premium delta 8 gummies and pre-rolls, so you can rest assured you’re getting the real deal shipped to your home. 

But, because the New York Department of Health amended its hemp laws in May 2021, you can’t really order our ∆8-THC products. That said, the department hasn’t acted upon these measures, so it’s a tricky situation where many vendors continue to offer isomerized ∆8-THC until they are instructed to remove it from their shelves. 

If the laws ever change and this compound becomes legal in this state, you can buy it online. The moment this compound becomes legal in New York, Crazy8s will take care of all your needs.  

We have the best 10mg and 50mg Delta 8 Gummies, infused with top-shelf ∆8-THC distillate. We’re talking about a potent and incredibly pure formula infused in a gummy that brings you a precise dose of cannabinoids and terpenes. 

Our gummies are made using all-natural, vegan ingredients and come in two absolutely delicious flavors: Passion Fruit and Black Cherry Vanilla. For a full spectrum experience, consider our delta 8 pre-rolls. 

A one-gram pre-roll is made with organically grown Stormy Daniels CBD flower, rolled in freshly-sifted kief, and sprayed with pure ∆8-THC distillate. It goes without saying, but these products are tested by a third-party certified lab and come with a Certificate of analysis that validates their purity and potency. 

Is Delta 8 THC Legal in New York?

Delta 8 THC made through isomerization of hemp CBD or delta 9 has been banned in New York. 

In May 2021, the New York State Health Department banned the processing and retail sale of “synthetic” ∆8-THC. The regulations prohibit the use of synthetically derived cannabinoids “created through isomerization in the extraction or manufacturing of any cannabinoid hemp product.” This includes isomerized delta 8 and delta 10.

The legality of these products remains murky because not all of them are made with isomerized delta 8. Some ∆8-THC comes from sources that extract it naturally from hemp, and therefore it doesn’t fall under the state’s concern about synthetics. 

Despite the prohibition, many stores keep on openly selling this cannabinoid at various retail locations. In practice, the legality of ∆8-THC in New York is complicated, but, in essence, it’s illegal because it’s been formally banned by the authorities. 

New York is the 17th state to legalize recreational marijuana and allow adults 21 or older to possess up to three ounces of weed or 24g of high-THC concentrates. Retail sales of adult-use cannabis are expected to start later in 2022. 

What Does the Future Hold?  

New York legalized recreational cannabis, so it’s likely to follow Oregon’s footsteps regarding delta 8 — once it establishes its adult-use program. 

Due to the great demand for this compound, the state is likely to regulate it as part of its legal cannabis system. Though a permanent ban is possible, all signs point towards decriminalizing all beneficial cannabis varieties and compounds. 

Is Delta 8 THC Legal Federally?

The legal status of delta 8 THC on a federal level is murky. 

On one side are business owners who claim that the compound was legalized under the 2018 Farm Bill. On the other is the federal government that issued warnings against the use of products containing the compound. 

In August last year, the Drug Enforcement Administration (DEA) released an Interim Rule regarding the legality of hemp and hemp derivatives. The rule stated that all synthetically derived THCs remain Schedule I substances and that the 2018 Farm Bill doesn’t affect their scheduling status. 

The Farm Bill of 2018 removed “hemp” and “THC in hemp” from the definition of “marijuana” in the federal Controlled Substances Act. The bill legalized hemp and any part of the plant, including derivatives, extracts, cannabinoids, and isomers, so long as they don’t exceed 0.3% delta 9 THC.  

Delta 8 is a hemp derivative typically converted from hemp cannabidiol (CBD) or extracted in its natural state. But, because this substance is not considered marijuana, it falls outside DEA’s authority. Also, the release of this rule doesn’t appear to be a shift in policy since the DEA hasn’t signaled a change in enforcement policy after issuing the rule. 

Recently, the US Food and Drug Administration (FDA) released an advisory regarding the health risks of delta 8. One of the main things it pointed out was that this cannabinoid has not been “evaluated or approved by the FDA for safe use.” 

The FDA is working to address the concerns related to these products and encourages people to report complaints and cases of adverse effects. Despite all this, delta 8 products continue to sell rapidly and without federal intervention, which indicates their complicated legal status.   

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.