Delta 8 THC in New York: Is It Legal & Where to Buy

Delta 8 New York Laws

Explaining the delta 8 THC ban in New York.

The Empire State has regulated the sale and distribution of delta 8 THC products. Let’s look at the current regulations of this cannabinoid in New York.

Last Update: May 8, 2024


  • Delta 8 THC (regardless of the source) made through isomerization (artificially derived) is banned in New York.
  • You can’t legally purchase, sell, or distribute delta 8 THC products in this state.
  • The state prohibited this compound in 2021 under the Cannabinoid Hemp Regulations. Hemp-derived delta 8 directly from the plant is not banned in this state.
  • Mr. Hemp Flower offers a range of wholesale CBD and legal delta 9 THC products for the New York marketplace. The state permits the distribution and sale of CBD products with less than 0.3% THC, except CBD-infused food and drinks.

Is Delta 8 THC Legal in New York?

No, hemp-derived delta 8 THC is not legal in New York.

Under the Cannabinoid Hemp Regulations, cannabinoid hemp products containing synthetic cannabinoids like delta 8 THC are banned in New York. The provisions state: 

“All cannabinoid hemp products distributed or offered for retail sale in New York shall …not contain synthetic cannabinoids, or cannabinoids created through isomerization, including delta-8 tetrahydrocannabinol and delta-10 tetrahydrocannabinol.”

State legislators have imposed the ban due to safety and regulatory concerns. Delta 8 THC is present in the hemp plant in trace amounts.

A large part of the products on the market are created through CBD isomerization, so this is an effective prohibition of commercial hemp-derived delta 8 THC products. Delta 8 THC is currently only allowed in the state’s medical marijuana program.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in New York?

Purchasing delta 8 THC in retail shops, dispensaries, or online is prohibited in New York.

From unlicensed outlets like gas stations, bodegas, and corner newsstands to licensed CBD shops and weed dispensaries, seeing D8 products all around you shouldn’t surprise you. Unless they’re having an issue with law enforcement, some retailers continued selling delta 8 THC. 

CBD and legal delta 9 THC products with less than 0.3% THC are a better alternative to delta 8 THC in New York. You can find top-shelf products at more affordable prices online from trusted sellers that offer a Certificate of Analysis

Can I Buy Delta 8 THC Products Online in New York?

No, as of July 19th, 2021 you cannot buy delta 8 and are unable to have it shipped to your home.

Online retailers offer an extensive selection of products, like gummies, flower, tinctures, concentrates, etc. You can find bundles of your favorite CBD products or discounts that allow you to order without leaving the house. 

At Mr. Hemp Flower, we’ve made it a breeze for you to scan our products for quality. Each product page contains a Certificate of Analysis, a list of ingredients, and genuine reviews from satisfied customers. You can always reach out to us if you have any questions or want to order wholesale for your shop. 

Delta 8 THC and Federal Law 

Delta-8 THC extracted from the hemp plant is legal under federal law. The 2018 Farm Bill legalized all hemp derivatives, cannabinoids, and isomers including organically extracted D8

But, because this compound is present in tiny amounts in the hemp plant naturally, it takes tons of plant material to extract enough D8 and infuse it into products. So, manufacturers now use a different way to produce D8 by converting it from hemp-derived CBD. 

The Drug Enforcement Agency issued an Interim Rule that, in a way, “reaffirmed” the federal stance on synthetically derived tetrahydrocannabinols, calling all of them illegal. The Federal Analogue Act (FAA) of 1986 banned synthetically derived tetrahydrocannabinols like Spice and K2. 

Experts argue that the method of converting CBD into D8 is not the same as processes used to create synthetically derived tetrahydrocannabinols. The difference? Delta-8 is a real tetrahydrocannabinol made from hemp-derived CBD. The synthetic ones are made in a lab without the use of any hemp plant material. 

As a mildly intoxicating tetrahydrocannabinol derived from hemp, D8 should be regulated differently. The initial thought around hemp’s approval was that it’s a safe, non-intoxicating plant with plenty of benefits.

The popularity of D8 is kind of bringing its nourishing-only status into question. Products containing D8 haven’t received pre-market approval from the FDA.

Bottom Line

After the revisions of the hemp program in 2021, delta 8 THC products are illegal to sell, possess, buy, and use in New York. The only current legal way to get this product in New York is via the state’s medical marijuana program.

Delta 8 New York Laws

Be Sure to Check Out: 

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No, D8 is illegal to buy in New York. The Empire State has banned the use and possession of D8 THC.

Unfortunately you cannot buy in physical stores or order online.

Nope. New Yorkers are unable to order D8 products online.

No, 14 states have banned the cannabinoid, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

As an organic compound, Delta-8 THC is considered safe. Because it’s so new to the market, make sure you’re getting products from a reliable supplier.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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