Is Delta-8 legal in New York?

What is Delta-8? 

Delta-8 THC (or Delta-8-tetrahydrocannabinol) is a naturally occurring chemical compound called a cannabinoid that’s found in small traces in hemp and cannabis (marijuana) plants.

- source: webMD.com

How does Delta-8 compare to regular THC?

Not only are their chemical compounds very similar, but they also share some of the same effects. Some refer Delta-8 THC as a "diet weed", as it's effects are very much the same but causes a milder high.

Is Delta-8 legal?

Under the Farm Bill signed into law by Donald Trump in 2018, industrial hemp was federally legalized and removed from the list of illegal controlled substances.
The law only applies to "industrial hemp", containing no more than 0.3% Delta-9 THC.
Considering that Delta-8 THC can be derived from hemp, it is legal on a federal level.
Since the bill has passed, many states are passing their own legislation against THC based cannabinoids as most are still considered to be psychoactive.

Is Delta-8 legal in New York?

No, although New York's Controlled Substances Act differentiates between "marihuana" and "hemp," recent changes focusing on Delta-8 specifically have effectively banned Delta-8 products from production. 

Is cannabis recreational in New York?

No, recreational cannabis is still illegal in New York. Possession of cannabis however has been mostly decriminalized, as possession of less than 28 grams is only punishable by a fine of $50. However, the state does have a medical program for qualifying individuals.

What is the age restriction on Delta-8 THC?

Currently, there are not any specific age restrictions on Delta-8 in New York, but most retailers require the buyer to be at least 21 years of age before purchasing any product.

Is the federal government trying to ban Delta-8?

The DEA, FDA, and other federal agencies are very aware of the concerns of Delta-8 (mainly being use in children), and havestated their own concerns publicly.
However, at this time there has been no attempts to mark Delta-8, Delta-10, or other similar cannabinoids as a controlled substance.

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