Delta 8 THC has become the “go-to” cannabinoid for many consumers who’re simply after a more manageable experience than conventional THC — especially for the anxious types.

Delta 8 cannabinoid hemp products have been available in New York for over a year now, but the state recently made changes in its hemp laws in May 2021 that completely banned the use of delta 8 THC and other isomers of THC derived from hemp.

To better understand the recent changes in New York’s new cannabis laws, we’ve created this short guide for you.

Is Delta 8 Legal in New York?

Delta 8 THC is commonly derived from THC, also called delta 9 THC, the primary psychoactive cannabinoid in cannabis plants. As D9 THC degrades, it’s transformed or converted into several compounds, one of which is delta 8 THC.

Because it comes from D9, delta 8 THC also has some psychoactive effects. However, the effects of delta 8 THC are much milder and mellower compared to the delta 9 isomers.

Cannabis and hemp plants naturally produce delta 8 THC, but only in very low quantities. To produce higher amounts of delta 8 THC, chemists have discovered methods to catalyze the CBD from hemp into delta 8 instead.

Now, according to the 2018 Farm Bill, all parts of industrial hemp, provided it has a delta 9 THC content of no more than 0.3% on a dry weight basis, are federally legal. This includes not only the leaves, flowers, stalks, stems, and seeds of industrial hemp but also its cannabinoids, isomers, salts, acids, extracts, and other hemp derivatives, etc. Hemp plants that contain more than 0.3% THC are considered marijuana and are, therefore, federally illegal.

The bill also removed hemp from the federal list of controlled substances and technically legalized hemp-sourced cannabinoids that produce psychoactive effects as well.  

Does this mean then that delta 8 THC is considered legal in New York?

Unfortunately, no.

Delta 8 THC products derived from hemp CBD may have been available in New York for over a year now, giving residents access to this cannabinoid. However, the New York State Department of Health and state lawmakers recently amended hemp’s legal standing in May 2021. State laws now specifically ban delta 8 THC and other hemp derived products with psychoactive effects, regardless of their source. This includes not just intoxicating hemp gummies but also inhalable hemp products that produce a high.

New York state regulators see the production process of converting delta 8 THC from hemp CBD as resembling that of synthetic cannabinoids and consider it illegal under state laws. They also cite regulatory concerns as one of the grounds for banning delta 8 and protecting consumers.

The 2018 Farm Bill may have technically legalized intoxicating hemp-derived products, but individual states can create their own specific regulations and laws regarding such products.

While many states, like Alabama and South Carolina, aligned their own regulations with those of the federal government, other states decided to fully ban or tightly regulate delta 8 THC products similar to marijuana or cannabis products through Senate and House Bills or executive orders.

Where to Buy Delta 8 THC in New York

Again, we emphasize that delta 8 THC is currently not legal in the state after the New York Department of Health amended the state’s hemp laws in May 2021. For now, all isomers of THC are prohibited, even if it’s been sourced from industrial hemp containing less than 0.3% THC.

Should delta 8 THC become legal in the state, then you can purchase it online, but expect that its sales will come with strict regulations and rules, including age restrictions.

See to it, too, that the provider asks for age verification since it’s illegal to sell marijuana and vape products to minors.

The moment delta 8 THC is legal in the state of New York again, we’d be happy to take care of all your delta 8 THC needs. Unfortunately, until then, we cannot ship any of our products to customers living in New York.

We’ll also be forced to block accounts we find that are using mail forwarding services to obtain delta 8 THC through legal states.

Do I Need a Medical Card in New York to Order Delta 8 THC?

Delta 8 THC is prohibited in New York after the state’s Department of Health amended its hemp regulations and banned the use of THC isomers in products.

However, if you reside in a state that allows the use of delta 8 THC, you won’t need to obtain a medical marijuana card to buy delta 8 THC products.

Delta 8 THC is also covered by the same federal laws that apply to hemp-derived CBD.

Because there’s no age and possession limit to delta 8 THC products derived from industrial hemp CBD, the PACT Act was introduced to protect minors and prevent them from ordering delta 8 THC online.

Of note, medical marijuana is legal in New York and can be used for various health issues, from pain relief to seizures. Do note too that despite the many therapeutic benefits of marijuana, the FDA has approved only one cannabinoid-based product, Epidiolex. 

Delta 8 THC Vapes & the PACT Act

The PACT Act (also known as the Prevent All Cigarette Trafficking Act) has been in effect since 2009. This prevents the transport of smokeless cigarette products, including tobacco, through the USPS.

Just last year, in December 2020, the Act was amended and now includes all types of vape oils and related accessories. The amendment took effect on March 1, 2021, prohibiting USPS from shipping vape products and accessories to consumers nationwide.

Private shipping companies like UPS and FedEx also followed suit. For now, these companies are no longer accepting any vape products and related items and shipping them to consumers.

Does the PACT Act mean the death of the vape industry?

While the PACT Act greatly impacts the cannabis vape industry, there are other direct delivery companies that vape producers can also partner with.

They offer the same safe and reliable service, and they’re just as strict when checking the recipient’s age and identity.

If they’re not asking for this information, stay away from them. Not only are they breaking the law, but they’re also putting the health of their consumers at risk.

A company that’s willing to do something illegal should not be trusted since it may also be involved in unethical business practices. These include making false health claims, cutting corners, using substandard ingredients, and failing to get their products tested for safety and quality purposes.

What Does Delta 8 THC Feel Like?

Delta 8 THC is changing the cannabis landscape. It’s given people an alternative to delta 9 THC — which can cause overstimulation, couch-lock, and paranoia in certain individuals.

When THC degrades or when it’s exposed to sun, heat, and air, it’s naturally converted into delta 8 THC and other compounds like CBN.

Because delta 8 THC directly comes from THC, it also has some psychoactive effects, but the effects are milder. The high is smoother and clearer, and it won’t affect your focus or alter mental clarity.

As for its side effects, delta 8 THC isn’t known to induce extreme anxiousness and paranoia. It also doesn’t trigger hallucinations and delusions.

How Does Delta 8 THC Differ from Delta 9 THC?

These two THC isomers often confuse people. After all, they’re both THC, have the same molecular formula, and bind to the same CB1 receptor to induce psychoactive effects.

However, of the two THCs, delta 8 THC isn’t known to trigger delta 9 THC’s negative side effects, including panic attacks, paranoia, hallucination, and delusion.

The difference in their psychoactive effects may have something to do with the location of their double bond.

Delta 9 THC’s double bond is located on its ninth carbon chain, while delta 8 THC’s double bond is located on its eighth carbon chain. This difference alters their shape and may be why delta 8 THC interacts differently with the CB1 receptor in inducing psychoactive effects.

Additionally, because delta 8 THC is already a degraded form of delta 9 THC, it’s now more stable, which boosts the shelf life.

Because they share an almost identical chemical structure, delta 8, similar to delta 9, will also trigger a positive drug test. If you have an upcoming drug test, be sure to avoid products with THC and its isomers for a while to avoid a positive test result.

Is Delta 8 THC Natural or Synthetic?

There are two ways to look at this.

Delta 8 THC is a naturally occurring cannabinoid formed when THC degrades. It’s not a man-made cannabinoid-like spice or K2.

Even if it’s been converted from CBD in a laboratory setting, it’s still considered natural since it came from a naturally occurring cannabinoid, CBD.

So in effect, manufacturers are taking one natural compound and converting it into another natural compound.

How to Use Delta 8 THC

Delta 8 THC is quickly becoming a favorite cannabinoid for recreational use. It gives you just the right experience without sacrificing mental clarity or leading to some of delta 9 THC’s undesirable side effects.

Delta 8 THC, like other cannabinoids, can also come in many forms.

Edibles like delta-8 infused gummies and ingestibles, like capsules, are perfect for those who are after a longer-lasting effect. Smokeables and sublingual, like tinctures, on the other hand, are for those who want a faster onset of effects since this bypasses the stomach and the liver. However, their effects don’t last as long as edibles and ingestible.

There are delta 8 THC vape products, too, for those who are looking for a healthier alternative to smokable delta 8 THC products.

If you’re new to delta 8 THC, we suggest starting with the lowest dose possible and adjusting the dose accordingly based on your reaction to the cannabinoid. Not only does this allow you to control the dosage, but also allows you to minimize delta 8 THC’s potential side effects, such as dry eyes and dry mouth.

Is Marijuana (Delta 9 THC) Legal In New York?

New York has a newly imposed recreational marijuana system as of March 2021, and adult use is now legal. However, it’s important to stick to the limitations imposed by this system. Exceeding possession limits can bring harsh penalties.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in New York?

The short answer is no. Delta 10 is illegal in New York since it is subject to the same laws that cover delta 8.

Delta 8 THC and delta 10 THC are similar in many ways. They’re both isomers of THC, and they’re both naturally produced in very minute levels.

Both cannabinoids produce mild psychoactive effects compared to the more potent delta 9 THC.

However, delta 8 THC has a more Indica effect, which helps relax and soothe. Delta 10 THC, on the other hand, has a more Sativa effect, which uplifts, invigorates, and motivates.

Similar to delta 8 THC, delta 10 THC can also be converted from CBD, making this cannabinoid “legal-ish” under the 2018 Farm Bill. This is true on a federal level, but the state level is quite different in New York.

Like delta 8, delta 10 is now listed as a prohibited substance in the state of New York. You won’t be able to buy it legally. Getting caught with delta 10 can lead to confiscation, fines, and potentially even jail time (depending on how much you have).

The Future of Delta 8 THC In New York

New York only recently banned the sale of delta 8 THC. It’s likely that while the state figures out how to properly integrate this emerging industry with its recreational marijuana market, it will remain illegal. This could take several more years.

Most likely, if and when delta 8 becomes legal in the state again, it will be heavily regulated the same way marijuana products are today.

FAQs on Delta 8 THC in New York

Want to learn more about the status of THC and its isomers in the US, especially in New York? Then check out the short list below.

1. Can I Ship Delta 8 to New York?

Delta 8 is currently banned in New York, so you can’t ship such products into the state. You also won’t be able to order them online and buy them in-store.

2. Is Delta 9 Legal in New York State?

Delta 9, both sourced from hemp and marijuana, is legal in New York. For hemp products, the THC level shouldn’t exceed 0.3%.

Marijuana-derived delta 9 THC can be used for both medical and recreational use.

3. Is Delta 10 Legal in NY?

Unfortunately, delta 10 isn’t legal in New York, even it it’s sourced from industrial hemp. It’s covered by the same laws that apply to delta 8 THC.

4. Can You Fly with Delta 8 in the US?

Traveling with hemp-derived products should be fine, but because states have their own laws regarding hemp derived delta 8 and delta 10 products, it’s best to leave them at home to avoid problems. You can simply order new ones when you get to your destination; that is, if these products are legal in the state.

5. Can You Fly in US with Delta 9?

There should be no issues traveling with hemp-derived delta 9, provided its content doesn’t go over 0.3%. Traveling with marijuana-derived delta 9, on the other hand, is strictly prohibited, and doing so can land you in heaps of legal trouble.