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Delta 8 THC in New York: Is it Legal?

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Delta 8 THC is a cannabinoid found in hemp and is quickly expanding in popularity nationwide with promising medical and recreational applications. While Delta 8 THC has some properties familiar to the main chemical found in marijuana, Delta 9 THC, it has completely different effects along with generally less potency.

But now you have to ask, is Delta 8 THC legal in New York?

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in New York

As of writing this (10/05/2020), Delta 8 THC is legal under New York state law. Like the federal law, New York has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

It's interesting that New York shares kindred laws to those of Delta 8 THC in Maryland. It'll be interesting to see what the coming years/months bring!

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)

Cannabis Policy in New York

We all know how bad you New Yorkers want marijuana legalized, so much so that even Gov. Andrew Cuomo is on board. When asked during a Coronavirus update briefing back in May 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, to which he explained 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.” He then added “I support legalization of marijuana passage. I’ve worked very hard to pass it. I believe we will, but we didn’t get it done this last session because it’s a complicated issue and it has to be done in a comprehensive way.”

Delta 8 THC Tinctures are great for beginners! 

We are excited to see what the future of THC and marijuana legalization has in store for New Yorkers, as there is some hope coming directly from the Governor himself!

Buy Delta 8 THC online in New York 

Want to buy Delta 8 THC in New York? Be sure to check out all of our amazing Delta 8 THC Products, because who doesn’t want to hit up Times Square floating on a sweet Delta 8 THC cloud of relaxation!

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