Is Delta-8 THC Legal in New York?

Despite recently legalizing marijuana and CBD hemp flower, New York lawmakers restrict the sale and manufacture of delta-8 products.

Delta-8 THC product banned in New York
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Despite contradictory and unclear information currently circulating the internet, hemp-derived delta-8 THC is restricted in New York. Under state law, the sale, distribution, production, and manufacturing of delta-8 products are not permitted. However, the law surrounding the use and possession of delta-8 is unclear.

While New York’s decision to ban delta-8 is strange considering the state recently legalized recreational marijuana, it doesn’t come as a surprise. The state heavily regulates hemp-derived compounds, namely CBD, which can’t be injected, smoked, or used in a skin patch. 

New York also restricts other THC isomers, including delta-10 and THC-O.


  • Delta-8 is restricted in New York under state law. 
  • The sale, purchase, distribution, and production of delta-8 products are banned. Delta-8 use and possession laws remain unclear. 
  • Medical and recreational cannabis is legal in New York. 
  • Hemp-derived CBD is legal in New York. Smokable CBD hemp flower is currently banned.

Is delta-8 THC legal in New York?

No. Delta-8 THC products are restricted in New York, following an announcement from the New York Cannabis Control Board (CCB) stating delta-8 products cannot be legally sold, produced, or manufactured within the state. The law surrounding the use and possession of delta-8 products is unclear. 

Official statement about delta-8 legal status from New York State

Delta-8 THC products are not permitted in the New York State Cannabinoid Hemp Program. Retailers are not permitted to sell Delta-8 THC products and processors are not permitted to manufacture them. The Department has issued proposed regulations clarifying this prohibition which can be viewed here: Proposed Regulations.

New York State Department of Health

Legislative history of delta-8 in New York

Delta-8 derived from hemp hasn’t always been restricted in New York. The state legalized hemp and hemp-derived compounds following the federal enactment of the Agriculture Improvement Act (Farm Bill) in 2018, removing them from its list of controlled substances. 

However, on November 3, 2021, the New York Cannabis Control Board (CCB) announced hemp-derived delta-8 products are not allowed to be sold within the state, causing uproar among delta-8 vendors, manufacturers, and producers.

New York regulations prohibiting delta-8 THC products
New York Cannabis Control Board prohibits the sale of delta-8 THC as of November 3, 2021.

According to reports, safety and mislabeling concerns are two of the main reasons New York lawmakers prohibited the sale of delta-8 products. A CCB spokesperson stated delta-8 products require regulation through a future adult-use program. 

Is medical marijuana legal in New York?

Yes. Medical marijuana is legal in New York and has been since 2014 following the passage of the New York Compassionate Care Act, which was signed into law by Governor Andrew Cuomo. Initially, licensed physicians were allowed to prescribe patients aged 21+ with non-smokable forms of medical cannabis to treat a limited number of qualifying conditions. 

Medical cannabis legally sold in New York

However, as of 2021, the list of qualifying conditions now includes opioid addiction, cancer, HIV/AIDS, Parkinson’s disease, multiple sclerosis, and inflammatory bowel disease. Registered patients can legally obtain a 60-day supply of medical marijuana. 

Is recreational marijuana legal in New York?

Yes. Recreational marijuana for adults aged 21+ is legal in New York following the passage of the New York Marijuana Taxation and Regulation Act, again signed by Gov. Andrew Cuomo.

The law allows New Yorkers to use and possess up to 3 ounces (85 grams) of cannabis without requiring a medical marijuana card or a doctor’s prescription. Previously, recreational cannabis possession in small quantities was decriminalized.

Buying delta-8 in New York

You cannot legally purchase delta-8 THC products online or in physical retail stores in New York. Many online delta-8 companies have stopped taking orders from users located in the state. Likewise, physical stores previously selling delta-8 are not permitted to sell delta-8 products under any circumstances. 

Delta-8 alternatives you can legally buy in New York

While delta-8 products are not legal to buy in New York, hemp-derived delta-9 THC products remain completely legal to buy as of now. Hemp delta-9 products are labelled as “Hemp Delta 9” or “CBD+THC” and are available to buy online in varying potencies between 2mg to 25mg of THC per serving.

Hometown Hero

Hemp delta-9 THC products sold in New York

Hometown Hero is a veteran delta-8 company branching out into the hemp delta-9 THC world. The company, based in Texas, produces and sells a range of hemp delta-9 gummies and edibles, each with different strengths and potencies to suit beginners and seasoned users. All products are third-party tested by expert cannabis testing laboratories. You can find product Certificates of Analysis (COAs) on the company’s website. 


Legal hemp delta-9 product sold in New York
CBD+THC gummies are legal to buy in New York. Photo: Medterra

California-based Medterra is one of the leading CBD brands with a small range of hemp delta-9 products, including tinctures, gummies, and capsules. The company takes safety, quality, and transparency seriously. Each product is third-party tested by laboratories specializing in cannabis testing and analysis. All COAs can be found on the company’s website.

What type of delta-8 is legal in New York?

Technically, the natural levels of delta-8 present in hemp and marijuana is legal by default under state law. However, delta-8 converted from CBD or THC via a structural isomerization process in a laboratory is heavily restricted. Structural isomerization refers to altering CBD or THC’s molecular structure using lab-grade chemicals and turning it into delta-8, which can be viewed as a synthetic process. 

Can you travel to New York with delta-8?

No. While the use and possession of delta-8 in New York are unclear, you cannot legally travel to New York with delta-8 without the risk of penalty or prosecution. The same applies to any other THC isomer or variant, including delta-10, HHC, and THCP.

Is delta-10 THC legal in New York? 

No. Like delta-8, hemp-derived delta-10 is not legal in New York. All THC isomers derived from hemp plants, including HHC and THCP, cannot be sold, distributed, or produced. The legality surrounding the use and possession of delta-8, HHC, and THCP remains unknown and unclear. 

Related: Is delta-10 THC stronger than delta-8 THC?

Is CBD legal in New York? 

Yes. CBD derived from federally compliant hemp plants carrying no more than 0.3% THC is legal in New York. CBD’s legal status in New York means you can use, possess, purchase, sell, distribute, and produce hemp-derived CBD products without fear of penalty or punishment under state and federal law. 

However, there are some restrictions on hemp-derived CBD in New York. CBD pre-rolls, cigarettes, and flower marketed and advertised as products for smoking were also not permitted, as announced by the New York Department of Agriculture and Markets in 2020.

The regulations permit cannabinoid hemp flower products to be sold. For hemp flower products to be sold, they must not be marketed or advertised for the purpose of smoking or be in the form of a pre-roll, cigar or joint.

New York Cannabis Control Board

Is CBD derived from marijuana legal in New York?

Yes. Non-smokable, non-edible marijuana-derived CBD is legal in New York, but only for medical marijuana cardholders with a legitimate doctor’s prescription. 

Upcoming legislation in New York that could change delta-8’s legality?

There is no upcoming legislation that could change delta-8’s legality in New York. The sale, distribution, production, and manufacturing of delta-8 THC products remain heavily restricted. However, state lawmakers haven’t sealed delta-8’s fate entirely. According to reports, proper regulatory oversight over delta-8 might happen in the future in an upcoming regulatory package. 

Closing thoughts: The future for delta-8 in New York

The immediate future for delta-8 THC in New York isn’t good. State lawmakers have made it clear delta-8 products are not permitted in New York, citing safety and regulatory concerns. Worse still, there are no concrete plans to allow its use, possession, or sale. All we know is delta-8 might be permitted later on at an undisclosed date. When that happens is anyone’s guess.

Related: Where is delta-8 currently legal?