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News And Legislation

Is Delta-8 THC Legal in New York? Delta 8 Legality 2023

New York is one of the oldest states in the United States, established as an English colony in 1664. Since then, the state has undergone several phases, including being a major hub for manufacturing and transportation in the early 19th century and a major financial hub in the late 19th century.

The state is home to some of the most iconic landmarks in the United States, such as the Statue of Liberty and the Empire State Building. In recent years, New York has also become known for its progressive policies, particularly on cannabis and hemp-derived products. In particular, many are curious whether Delta 8 THC is legal in New York. 

is delta 8 thc legal in new york?-read here on grh blog.

The first mention of marijuana in the state dates back to 1762 when it was cultivated for medicinal and religious purposes. Since then, there have been several changes in its legal status, making it illegal and legal again multiple times.

In the late 19th century, it was prohibited due to fears of its potential to increase crime, and in 1973, it was made illegal by the state government.

While it may be legal in New York, consumers must be mindful of the restrictions and regulations, as Delta 8 THC is still federally illegal. In this blog post, we will explore the legality of Delta 8 THC in New York and discuss the possible implications for its use.

Understanding New York State Laws On THC

To understand the legality of Delta 8 THC in New York, it’s important first to grasp the state’s laws on THC. New York has had a complex relationship with cannabis, with changes in legislation occurring in recent years.

In 2014, the state legalized medical marijuana, allowing patients with qualifying conditions to access THC products under the supervision of a healthcare provider. However, the recreational use of marijuana remained illegal.

In 2018, the federal Farm Bill was passed, legalizing hemp-derived products, including CBD. This led to a surge in the popularity of CBD products in New York and across the country.

While CBD is legal, it’s important to note that not all THC products fall under the same category. The New York State Department of Health has issued guidance stating that “synthetically derived cannabinoids are illegal” but does not specifically address Delta 8 THC. This lack of clarity has left consumers and retailers unsure about the legality of Delta 8 THC products.

Delta-8 Thc Legislation Timeline For New York

In November 2021, the New York State Department of Agriculture and Markets released an industry guidance document outlining the regulations for the state’s Cannabinoid Hemp Program. These regulations covered various aspects, including the manufacturing, labeling, and testing requirements for hemp and hemp-derived products. However, it’s important to note that while these regulations provide some guidance, they do not specifically address Delta-8 THC. The lack of explicit regulations regarding Delta-8 THC has created ambiguity and confusion for consumers and retailers.

Without clear guidelines, staying updated on new developments or changes in the legislation surrounding Delta-8 THC in New York becomes crucial. Keeping informed about potential updates will help ensure compliance with the law and make informed decisions about using and purchasing Delta-8 THC in the state.

Delta 8 Thc Vapes & The Pact Act

Delta 8 THC vapes have become increasingly popular among cannabis enthusiasts, offering a unique and potent experience. However, recent changes in federal legislation have raised concerns about the future availability of Delta 8 THC vapes in New York.

The PACT Act, which stands for the Prevent All Cigarette Trafficking Act, was originally passed in 2009 to combat the illegal shipment of cigarettes across state lines. However, the Act was recently amended to include all vaping products, including Delta 8 THC vapes.

Under the PACT Act, the shipping of vaping products through the United States Postal Service (USPS) is prohibited. This means that many online retailers that previously offered Delta 8 THC vapes may no longer be able to ship them to customers in New York.

While the PACT Act does not explicitly mention Delta 8 THC vapes, it does cover all vaping products, including those containing nicotine or THC. This has led to uncertainty and confusion among consumers and retailers alike. However, it’s important to note that the PACT Act only restricts the shipping of vaping products through USPS. It does not prohibit the sale or use of these products within the state. This means that local retailers may still be able to sell Delta 8 THC vapes in New York as long as they comply with state laws and regulations.

Can You Buy Delta-8 In New York?

Currently, there is no specific legislation in New York that addresses the sale of Delta-8 THC. The New York State Department of Health has issued guidance stating that “synthetically derived cannabinoids are illegal,” but this does not specifically mention Delta-8 THC. This lack of clarity has left consumers and retailers uncertain about the legality of purchasing Delta-8 THC products.

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Do I Need A Medical Card In New York To Order Delta 8 Thc?

Obtaining a medical card in New York is not required to order Delta 8 THC products. Unlike medical marijuana, which requires a prescription from a healthcare provider, Delta 8 THC is currently not regulated under New York’s medical marijuana program. Individuals can legally purchase and possess Delta 8 THC products without a medical card.


The state’s laws surrounding Delta 8 THC are currently unclear, leaving consumers and retailers unsure about its legal status. While New York has legalized medical marijuana and hemp-derived products like CBD, no specific legislation addresses Delta 8 THC.

The lack of clarity in the laws and regulations regarding Delta 8 THC has led to confusion and debate. When purchasing Delta 8 THC products, it’s important to research reputable retailers who comply with state regulations and provide third-party lab testing for their products. This ensures that you are purchasing safe and reliable Delta 8 THC products.

Learn more about delta-8 THC here. 

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at if you have any ideas for collaborations.

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