Is Delta-8 Legal in New York?

Hemp-derived Delta-8 THC is arguably legal in New York according to the Farm Bill and the states own rules. Keep reading for more info about cannabis and the Empire State. Click here to order premium Delta-8 from Earthy Select! 

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS). 

The ECS uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. ​​Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC which will be discussed in the next section. Most states are onboard with Delta-8. New York has been increasingly progressive with cannabis and Delta-8 has been involved in recent updates. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. 

What is an isomer? An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties. 

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America? 

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new legal definitions and rules for hemp, including that hemp and “and any part of that 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” may be legally used for production, sales, transport, and use. 

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

Does the Farm Bill really make Delta-8 THC legal everywhere? 

The Farm Bill legalized hemp and Delta-8 throughout the United States. For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant. 

In 2018, the United States Congress enacted a groundbreaking piece of law, known as the 2018 Farm Bill. The legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Bill defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that 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.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. 

How do you buy high quality Delta-8 in New York?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products. 

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

Producers should only use third-party lab testing and publish the CoA results where buyers can access them. This transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 Oils. 

Where exactly is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where can I buy Delta-8 in New York?

Delta-8 is widely available from convenience stores throughout New York. You may prefer to use the convenient privacy of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide. 

Delta-8 and the law in New York

Hemp-derived Delta-8 THC is arguably legal in New York according to the Farm Bill and the states own rules. The state made many changes to its cannabis rules and operations in 2021. 

Medical cannabis was approved for certain medical purposes in 2007 and it is run by the state’s Office of Cannabis Management [4].

In 2021 New York passed New York’s Marijuana Regulation and Taxation Act (MRTA), which  allows adults 21 years of age or older to buy and possess up to three ounces of cannabis flower and up to 24 grams of concentrated cannabis in public. This was a huge change to recreational marijuana in New York. New York also allows hemp products under New York State Law.

In May 2021, New York amended its laws to limit  licensed producers in New York from using synthetic cannabinoids via isomerization in hemp products [5]. Regulations from New York’s Cannabis Control Board in November 2021 outlined guidelines for hemp cannabinoid products, including that no inhalable products may be sold to minors. 

These and other rules seem targeted at regulating and taxing Delta-8 hemp products in the same way as legal marijuana products are handled, rather than outlawing their possession or consumption. Given that marijuana is legal in New York—and people can have up to 5 pounds of cannabis in their own homes [6], what else is the purpose? The public would no doubt appreciate some more clarity from legislators. 

Final thoughts on Delta-8 in New York

New Yorkers love Delta-8. Even so, they may not want to go through the work of finding Delta-8 at stores. For convenience and the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 

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Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

1. Wikipedia: Endocannabinoid System
2. Delta-8 and Delta-9: Oral and Intravenous Comparison
3. NORML: New York Penalties
4. NY.gov: Proposed Regulations for Cannabinoids

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