Delta 9 THC Gummies in New York: Legality & Where to Buy

Delta 9 in New York

Despite federal uncertainty, New York legalized and regulated hemp-derived products. The state has some of the strictest rules on the distribution and sale of cannabinoid products

What does that mean for delta 9 THC gummies? Can you buy cannabinoid edibles in New York? Let’s look at the current legal status of hemp-derived delta 9 THC. 

Last Update: November 27, 2023


  • Hemp-derived delta 9 gummies with less than 0.3% THC are not legal in New York.
  • The state prohibits the sale of cannabinoids in food products, as per the FDA’s requirements.
  • You can’t lawfully order delta 9 gummies or other edibles in this state because they are currently banned under the Marihuana Regulation and Taxation Act.
  • Marijuana is legal in New York for medical and recreational purposes.
  • Mr. Hemp Flower offers premium full spectrum CBD products you can buy in New York.

Can You Buy Legal Delta 9 THC Gummies in New York?

Unfortunately, you can’t lawfully buy delta 9 gummies with less than 0.3% THC in New York. The state prohibits the sale, use and possession of food and drinks infused with hemp cannabinoids. 

With that said, you can purchase any of the products on our website that comply with state law. CBD is finally legal in the Golden State, so you can order our full spectrum cannabidiol (CBD) products. 

Extracted from organically grown hemp, our phytocannabinoid-rich tincture contains the entire hemp plant profile. It’s available in three options, 500mg, 1000mg, and 2000mg and once you try it, you’ll stop wasting dollars on ineffective CBD oils. Our customers love it because it’s a natural option that helps with sleep and pain. 

Read more: A Comprehensive State-by-State Delta 9 THC Legality Guide.

Are Delta 9 Gummies Legal in New York?

No, hemp-derived delta 9 gummies with less than 0.3% THC are not legal in New York. 

Under the Marihuana Regulation and Taxation Act (Cannabinoid Hemp Regulations), “All cannabinoid hemp products distributed or offered for retail sale in New Your State shall be prepackaged and not added to food or any other consumable products at the point of sale.”

Hemp products must not come in a smokable form or contain nicotine and tobacco. In addition, the New York Health Department prohibits the sale of cannabidiol-infused food and drinks.

New York’s Law on Hemp-Derived Products

Here’s a quick summary relevant to full spectrum hemp products: 

  • All CBD products sold in the state must contain less than 0.3% THC — otherwise are considered marijuana. 
  • Products infused with CBD cannot be marketed or labeled under medical claims or curing diseases or ailments.
  • People who want to sell hemp-derived CBD products at retail in this state must have a license from the Office of Cannabis Management (OCM). This also applies to distributors who want to offer out-of-state CBD products.
  • Retailers are not allowed to add hemp cannabinoid extracts to food products at retail level.

New York does have some of the strictest regulations in the nation. One of the downsides of the new rules is that they limit the concentration of total cannabinoids per piece.   

What is Hemp-Derived Delta 9 THC?

As the primary intoxicating cannabinoid in cannabis, delta 9 THC is the compound associated with the state of ‘high’ or intoxication. Hemp legally contains less than 0.3 percent delta 9 THC, while some marijuana strains can reach up to 25% delta 9 THC. 

Hemp-derived delta 9 is extracted from the flowers and buds of federally compliant hemp. Out of the hundreds of products available on the market, only products rich in delta 9 THC are truly full spectrum. 

Delta 9 offers much more than a feeling of euphoria. Research shows that by binding with endocannabinoid receptors in the body, it helps with pain, inflammation, anxiety, depression, poor sleep, nausea, etc. But, THC works best when combined with other cannabinoids and terpenes. 

Hemp Compliant Delta 9 THC and Federal Law

The 2018 Farm Bill legalized the growth, manufacture, and sale of hemp and hemp products with less than 0.3% delta 9 THC.

Hemp was removed from the Controlled Substances Act

After decades of being classified as the same illegal substance, the Farm Bill removed ‘hemp’ and ‘THC in hemp’ from the list of controlled substances. Federal law defines hemp as:  

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis [1].”

Meaning, the only variable that counts as relevant to proving the legality of a hemp-derived product is the level of Δ9-THC it contains. Opponents to products with higher levels of THC, like our 10mg delta 9 gummies, mention the issue around their intoxicating nature. 

The intention behind legalizing hemp as a Cannabis sativa variety was to limit the concentration of THC and keep it non-intoxicating and safe. But, the THC levels in the plant are the main thing that distinguishes hemp from marijuana. 

Regardless if a product is mildly intoxicating due to the presence of higher levels of delta 9 THC, if it’s compliant with federal law, it can be legally sold in all 50 states. That is unless the state restricts the use of CBD or other cannabinoids in hemp products

It’s important to mention that the US Food and Drug Administration (FDA) has yet to approve the use of CBD in foods and beverages. Regarding this question, most states allow the use of CBD in consumable products because the FDA tolerates their sale as long as they’re properly labeled and don’t include medical claims. 

Delta 9 in New York Laws

Be Sure to Check Out: 

Top Delta-9 Products

Delta 9 Gummies

Our Best Delta-8 Products

Delta-9 THC FAQ

Delta 9 is legal in most states if derived from hemp and in a concentration of less than 0.3 percent.

Delta 8 is half as potent as delta 9. Studies show that Δ9-THC is more potent, stimulating, and intoxicating than delta 8, which is milder.

Yes, it will, Δ9-THC is the primary psychotropic compound in cannabis. If consumed in high doses, it’s pretty potent and stimulating.

Yes, hemp has less than 0.3 percent delta 9 THC. This is the limit set by the 2018 Farm Bill that legalized the plant.

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.

Checkout our State-by-State Articles: 

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