Is Delta 9 THC Legal in New York?

Certain types of Delta 9 THC products are legal in New York, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in New York.

Article Jumplinks:

How is Delta 9 THC legal in New York?

What is Delta 9 THC?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

Is it legal to buy Delta 9 THC online in New York?

How do I find Delta 9 gummies in New York?

Personal THC consumption was legalized in New York in 2021, ending cannabis prohibition and replacing it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, New York chose to legalize the production and sale of certain hemp-derived THC and CBD products.

 

On December 9, 2019, Governor Andrew Cuomo signed the House Bill S6184A, or what is colloquially referred to as the “hemp law.” The New York hemp law established one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country. This Bill relates to the growth of industrial hemp and the regulation of hemp extract and provides for the licensing of cannabinoid related hemp extract and the requirements for such licenses.

 

The Bill addressed several important areas including:

 

• Licensure requirements, including licenses related to the manufacture and distribution of cannabinoid for human consumption or use on or in connection with the human body;
• Labeling standards which may not be consistent with other Federal or State laws;
• New York sales;
• The New York State Industrial Hemp and Hemp Extract Workgroup.

 

The Marihuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021 legalizing adult-use cannabis (also known as marijuana, or recreational marijuana) in New York State. The legislation created a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board to comprehensively regulate adult-use, medical, and hemp cannabis.

Marijuana is legal in New York for both medical and recreational users, with some restrictions. Starting August, 2021, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores.

 

The MRTA amends the NYS Penal Law, adding Article 222 Cannabis, which sets forth both legal and illegal activities regarding adult‐use cannabis. Penal Law § 222.05 expressly states that any individual 21 or older may:

 

(a) possess, display, purchase, obtain, or transport up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis

(b) transfer, without compensation, to another person 21 or older, up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis;

(c) use, smoke, ingest, or consume cannabis or concentrated cannabis unless otherwise prohibited by state law;

(d) possess, use, display, purchase, obtain, manufacture, transport or give to any person 21 or older cannabis paraphernalia or concentrated cannabis paraphernalia;

(e) plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with Penal Law § 222.15; and

(f) (i) assist another person who is 21 or older or (ii) allow property to be used in any of the acts described in the preceding paragraphs.

Medical Marijuana in New York

 

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

 

While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.

 

Medical cannabis has been legally available to New Yorkers through the State’s medical marijuana program since 2014.

 

People may be eligible to use medical cannabis to treat their health condition if a state-registered health care provider certifies that medical cannabis is clinically appropriate.

 

Patients certified by their health care provider can register with the Medical Cannabis Program. There is no patient registration fee and patients can designate caregivers. The patient will receive a registry ID card that lets them buy medical cannabis from a dispensary in New York State.

 

The Marihuana Regulation & Taxation Act (MRTA) expanded the eligibility of medical cannabis, increased the number of caregivers allowed per patient, allows prescriptions for as many as 60 days (up from 30) and allows smokable cannabis to be purchased in medical cannabis dispensaries.

 

According to New York state regulations:

• Patient possession limits: three ounces per month
• Home cultivation: qualified patients to home-cultivate up to six plants (only three mature) per private residence. Plants may be cultivated either indoor or outdoor, but they must be grown in an enclosed space that is not visible to the public. Patients may possess a total of up to five pounds of cannabis from their harvest.
• Qualified medical marijuana patients in New York have the benefit of shopping at medical cannabis dispensaries.

 

Hemp Farming Act

Sec. 1 Definitions-Cannabis and Hemp

 

"Industrial hemp" means the plant Cannabis sativa L. and any part of such 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.

"Hemp extract" means any product made or derived from industrial hemp, including the seeds thereof and all derivatives whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount of the plant Cannabis sativa L. and any part of such 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 an amount determined by the department in regulation, used or intended for human or animal consumption or use for its cannabinoid content, as determined by the commissioner in regulation.

 

Section 3.

 

The industrial hemp used for research pursuant to this section shall be sourced from authorized New York state industrial hemp produc12 ers. The research partner may obtain an exemption for only grain or fiber from this requirement upon a satisfactory showing to the department that a suitable variety of industrial hemp for the research project is not grown in New York and/or the use of New York sourced hemp is not practicable for the project. Hemp for extracts can only be sourced from authorized New York state industrial hemp producers.

"Cannabinoid grower" means a person licensed by the department, and in compliance with article twenty-nine of this chapter, to acquire, possess, cultivate, and sell hemp extract for its cannabinoid content.

 

"Cannabinoid manufacturer" means a person licensed by the department to acquire, possess, and manufacture hemp extract from licensed cannabinoid growers or cannabinoid extractors for the manufacture and sale of hemp extract products marketed for cannabinoid content and used or intended for human or animal consumption or use.

 

"Cannabinoid extractor" means a person licensed by the department to acquire, possess, extract and manufacture hemp extract from licensed cannabinoid growers for the manufacture and sale of hemp extract products marketed for cannabinoid content and used or intended for human or animal consumption or use.

 

According to the 2018 Farm Bill, hemp and hemp-derived products are legal in all states from a federal perspective. However, it’s worth noting that hemp is defined as cannabis having a maximum of 0.3% Delta 9 THC.

 

While some states have purposefully made hemp-derived products, like Delta 8 THC, illegal, others like New York allow cannabis and derived products regardless of THC content.

FAQ on Delta 9 New York Legality

Are Delta 9 gummies legal in New York?

Yes, Delta 9 gummies are legal in New York. You can buy Delta 9 gummies online or in-store without any restrictions.

 

All our Delta 9 gummies are legal for you to buy in New York. Shop now!

 

What is stronger, Delta 9 or Delta-8?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, Delta 8 gummies are a great choice for people new to products containing hemp.

 

How strong is Delta-9 THC?

 

The strength of Delta 9 and its effect on a person depends on 2 factors:

1. The dose of Delta 9 taken
2. How accustomed the consumer is to taking Delta 9 THC

Additionally, the following factors also influence how Delta 9 affects the person taking it:

 

• What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
• What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
• How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

 

Is Delta 8 THC legal in New York?

Delta 8 may or may not be legal in New York for personal use, but the sale and manufacturing of products containing Delta 8 THC is illegal in New York.

If you live in another state, you can buy our Delta 8 gummies.

Delta 8 legality nationally

The Drug Enforcement Administration (DEA) confirmed the illegal status of "synthetically produced THCs."

Because the hemp plant naturally generates minimal levels of Delta 8, manufacturers have used hemp-derived CBD to turn it into Delta 8 via isomerization.

Converting one chemical component into another, in this case, tetrahydrocannabinol, might be problematic since it permits the DEA to classify Delta 8 as a "synthetically generated tetrahydrocannabinol."

As of September 2022, the federal status of Delta 8 legality is murky.

 

Delta 8 legality in New York

The New York Cannabis Control Board (CCB) has stated that Delta 8 products cannot be legally produced, made, or sold within the State of New York.

The CCB has not specified whether Delta 8 is legal or illegal for personal use within the state.

Unfortunately, we cannot sell our Delta 8 gummies to New York residents. We can sell our Delta 9 gummies and other Delta 9 products, as they are fully legal, both federally and by New York law.

 

Is Delta-9 legal in all states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

 

These products are now legal in 48 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho and Kansas are the only two states where hemp Delta 9 is explicitly banned.

 

What states can you get Delta-9?

Although the baseline law for legality of Delta 9 products is the 2018 Farm Bill, which most states simply transcribe into their state laws, some states have taken different approaches. Some states keep hemp Delta 9 as legal, others restrict Delta 9 through regulation or outright banning it.

 

Hemp-derived Delta 9 products are legal in 42 states, plus Puerto Rico and D.C., with these states essentially following the Farm Bill when it comes to Delta-9

 

Hemp-derived CBD products are legal in Kansas but only if they contain 0% Delta-9 THC.

 

Idaho is the only state where hemp delta-9 is explicitly banned.

 

You can buy nama CBD Delta 9 products legally in the following states:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• New York
• Indiana
• Iowa
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts 
• Michigan
• Minnesota 
• Mississippi  
• Missouri  
• Montana 
• Nebraska 
• Nevada 
• New Hampshire  
• New York 
• New Mexico 
• New York  
• North Carolina 
• North Dakota
• Ohio  
• Oklahoma
• Oregon 
• Pennsylvania 
• Rhode Island 
• South Carolina 
• South Dakota 
• Tennessee 
• Texas 
• Utah 
• Vermont 
• Virginia
• Washington 
• West Virginia 
• Wisconsin
• Wyoming

 

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

 

Do Delta 9 Gummies show up on a drug test?

 

Yes, even if you consume legal Delta 9 Gummies, you may fail a drug test. If you only took Delta 9 once, it will likely be cleared from your urine in four days or less. If you have taken it habitually, it can take a month or more to clear your system for a drug test.

 

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 48 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.

 

Can you buy Delta-9 online in NY?

Yes, Delta 9 THC products are available to buy online in NY. Buy Delta 9 products online from nama CBD. Shop now!

 

Avoid purchasing hemp Delta 9 THC products from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

 

Is Delta-10 legal in New York?

Scientists classify Delta 10 THC as semi-synthetic since it is created by substantially altering the CBD component. This is where the legal difficulties of Delta-10 enter in. In its Interim Final Rule, the Drug Enforcement Administration (DEA) affirmed that "all synthetically generated tetrahydrocannabinol remain Schedule I Controlled Substances.”

New York’s stance on Delta 10 appears to be the same as for Delta 8: that it cannot be legally manufactured, produced, or sold in New York.

 

Is THC-O legal in New York?

THC-O is currently legal in New York. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in New York, keep track of any changes to hemp industry laws that may jeopardize its legality status.

 

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

 

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

 

Despite these restrictions, hemp Delta 9 products are still legal in 49 states, making them widely available to consumers across the country.

 

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.