Is Delta-8 Considered Schedule I Substance in New York? Where Can You Buy It?

Delta 8 New York Laws

Update 19/07/2021

New York is the latest state to issue a ban on Delta-8 THC. The ban is effective as of July 19th, 2021.

Update 22/05/2021

New York is the latest state to issue a regulatory proposal that bans Delta-8 THC. The ban is NOT immediate, which means you have a couple of months until the proposed rulemaking is enacted!


The state updated a batch of hemp regulations, stating that cannabinoid products derived from hemp may “not contain synthetic cannabinoids, or cannabinoids created through isomerization, including delta-8 tetrahydrocannabinol and delta-10 tetrahydrocannabinol.”

Because this proposal is a revised rulemaking, the notice must precede adoption by at least 45 days. Once adopted, it can’t be enacted any sooner than 30 days from final ruling. So, the ban is not immediate, and you can buy Delta-8 if you live in New York state.

As a New Yorker, you’ve probably heard about the possibly legal hemp derivative known as Delta-8 THC. A close relative of THC (you know, the weed compound that gets you “high”), D8 has been gaining steam among hemp and cannabis consumers. Right now, the cannabinoid is in a loophole that makes it potentially legal in many states. 

The legal status of hemp in the Empire State has been shaky, so you’re probably wondering where does D8 fit in the current cannabis regulations? Can you legally buy D8 in New York? 

Is It Legal: New York Delta-8 Laws 

The short and simple answer is NO, hemp-derived Delta-8 is Ilegal in New York.

What Is Delta-8? 

Delta-8 offers the perfect balance for people seeking something in-between cannabidiol (CBD) and tetrahydrocannabinol (THC). If CBD doesn’t do much for you and THC makes you feel like you’re going to lose it (THC is known to cause anxiety and paranoia in most users), try D8. 

Naturally, D8 is present in minuscule amounts in the hemp plant (less than 0.1%) and has an almost identical chemical structure as THC. Due to slight but important differences in structure between the two compounds, D8 is about one-third as psychoactive as regular cannabis. This means that you’re likely to get high on D8 but without feeling the usual paranoia or anxiety caused by THC. Most users feel a “clear headed” high that keeps them productive (no driving, though), uplifts mood, gives energy, and is great for sleep. 

Where to Buy Delta-8 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. Unlicensed outlets are taking advantage of this booming cannabinoid, but please remember that you won’t find the good stuff there. They always aim at selling cheap stuff and don’t care about screening their products for quality. You can find top-shelf D8 at more affordable prices online from trusted retailers that offer a Certificate of Analysis. 

Can I buy D8 products online in New York? No, as of July 19th, 2021 you cannot buy D8 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 D8 products or discounts that allow you to order without leaving the house. You’ll find cheaper but better quality D8 online because online retailers don’t have to deal with costs from running a physical store. 

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 D8 for your shop. 

Here’s a list of some of the most fire D8 products that we offer: 

D8 Flower Pre-Rolls – Stormy Daniels

D8 Gummies – Vegan – 10 mg, 20mg, 50mg

Delta 8 Flower – Elektra

CBD Hash with D8

Sour Candy D8 THC Oil Hemp Flower

Continued, Is Delta-8 Legal in New York? 

No, Delta-8 THC is illegal in New York. 

In 2020, New York enacted an all-inclusive regulatory framework that legalized licensing, production, and sale of hemp-derived CBD. The Empire State makes a distinction between marijuana, hemp, hemp cannabinoid, and hemp extract excluding them from the list of controlled substances. 

New York is in the process of establishing some of the most comprehensive hemp CBD regulations. The state also legalized recreational marijuana and is making efforts to establish quality control standards. Given how thorough this state is in terms of its CBD laws, New York will take some time to catch up on D8 regulations. For now, D8 products are widely available in the state, and New York hasn’t banned its sale, possession, and use.  

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 issue with this process is that it might be considered the method that creates a synthetic Delta-8. States like Washington clarified that the conversion of CBD into D8 is considered illegal, calling it an “unfair and a deceptive practice.” 

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. Some states, like Florida, have recognized this and placed D8 under the hemp regulatory framework.  

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

New York is in the process of enacting the most remarkable, well-rounded regulations on hemp CBD. The state has explicitly banned the sale, use, and possession of D8. 

Delta 8 New York Laws

Be Sure to Check Out: 

Our Top Delta 8 THC Products

Delta 8 THC Gummies

All Delta 9 Products


No, D8 is illegal to buy in New York. ahe 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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