Is Delta 9 Legal In New York
If ever there was a place where cannabis users would love to be, it would be New York. The Big Apple, as it is also referred to, is a city of many ‘firsts.’ Besides being the first capital city of the United States, New York is the first city to have a pizzeria.
And on cannabis-related matters, New York is among the more cannabis-friendly states. Both recreational and medical marijuana is legal here for people aged 21 and above. Its laws permit up to 3 ounces of cannabis and/or 24 grams of cannabis concentrate.
One of the compounds that make cannabis a popular drug is Delta 9. However, we all agree that with the discovery of non-psychoactive cannabinoids like CBD, CBC, etc., cannabis just gained more prominence.
We, however, want to focus solely on Delta 9 – the primary psychoactive ingredient in cannabis. All laws banning cannabis prior to the 2018 Farm Bill were seemingly guided by ∆9-THC’s psychoactivity. In higher doses, some of its psychoactive effects are not so pleasant, hence the regulation.
So, where do we stand now? Is Delta 9 legal in New York?
Key Takeaways
- Delta-9-THC is a psychoactive cannabinoid in cannabis.
- The compound has endured a topsy-turvy relationship with the law before becoming federally legal in 2018 with the signing of the Farm Bill.
- Delta 9 is legal in New York due to SB S854A, and so is non-hemp cannabis (up to 3 ounces).
- Due to its legal status, hemp-derived Delta 9 is not a controlled substance in New York.
Delta-9-THC and Federal Law
The federal government’s previous position on cannabis is captured by the 1937 Marihuana Tax Act and the 1970 Controlled Substances Act. The former regulated the importation, cultivation, possession, and distribution of marihuana. One of the main deterrents to the free movement of cannabis was a $24 annual tax levied on importers.
In 1970, the federal government enacted the Controlled Substances Act (CSA) to provide a legal framework for its anti-marijuana campaign. More importantly, it was an attempt to sync the fight against drug abuse with international treaties, i.e., the Single Convention on Narcotic Drugs (1961) and the Convention on Psychotropic Substances (1971).
In landrace cannabis, Delta 9 is the most abundant cannabinoid. For this reason, it is broadly thought to be responsible for most of cannabis’s effects. As such, discussions touching on cannabis intrinsically refer to Delta 9.
The 2018 Farm Bill altered the cannabis landscape significantly. To begin with, it distinguished hemp from marijuana, defining the latter as “any cannabis plant, or derivative thereof, that contains not more than 0.3 percent delta-9-tetrahydrocannabinol (“THC”) on a dry weight basis.
Based on its low THC content, hemp is deemed less psychotropic than marijuana. Interestingly, the ‘0.3 percent’ cut-off was an arbitrary figure used by the scientist who differentiated hemp from marijuana. Today, this figure is the benchmark for separating legal cannabis (hemp) from illegal cannabis (marijuana).
Pursuant to the provisions of the Farm Bill, hemp is an agricultural commodity, albeit with strict farming regulations. This means all compounds derived from hemp, including Delta 9, are federally legal.
Consequently, hemp cultivation in the US is regulated by the United States Department of Agriculture (USDA). However, there are two crucial aspects of the 2018 Farm Bill regarding hemp. One, it allows states and Indian Tribes to design and enforce laws regulating hemp production within their jurisdictions. Two, the Farm Bill does not affect the authority of applicable U.S. Food and Drug Administration laws.
New York Delta-9-THC Laws
Hemp is federally legal, so it is allowed in most states. In March 2020, New York legalized hemp, permitting its growth, sale, and distribution as long as its Delta 9 concentration was not more than 0.3% by dry weight.
A key milestone in hemp legalization in New York is Senate Bill S854A. The significant parts of this law with regards to Delta 9 are sections:
[9] – defines a “cannabinoid hemp flower” as the flowering part of the cannabis sativa L. harvested, dried, and cured, with a THC content of not more than three-tenths of one percent dry weight before processing.
[27] – defines hemp as “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 (THC) of not more than three-tenths of a percent on a dry weight basis.”
[28] – defines ‘hemp extract’ as the “derivatives, extracts, cannabinoids, isomers, acids, and salts of hemp-derived isomers, used or intended for human consumption, with a legal THC amount.”
Overall, Delta 9 is legal in New York. However, only persons aged 21 years and above can legally buy the substance.
Is Delta-9 a Controlled Substance in New York
No, Delta 9 is not a controlled substance in New York. This is because hemp and cannabis (medical and recreational) are legal in the state. However, you cannot ship in marijuana because it is federally illegal. Besides, there are limits to how much Delta-9-THC you can buy in New York from non-hemp sources like marijuana.
But for hemp-derived Delta 9, the consensus is that the 2018 Farm Bill exempted it from the list of scheduled substances under the CSA. Initially, all “tetrahydrocannabinols” were prohibited, so naturally, the legality of Delta-9-THC is questionable.
However, the clarification that “tetrahydrocannabinols derived from hemp” are legal because hemp is legal settles this matter. This effectively means there are zero controls on hemp-derived Delta 9. The same does not apply to marijuana-derived Delta 9 owing to the cap on the amount of cannabis you can possess in New York.
Delta-9-THC Possession Limits in New York
New York is a unique case study because it decriminalized the possession of small amounts of cannabis. Moreover, medical cannabis has been legal in the state since 2014. The Home Grow law allows persons with qualifying conditions to cultivate up to 6 cannabis plants for medical purposes.
So, regarding Delta 9 derived from non-hemp, it is safe to say there are possession limits. Only adults over 21 years can legally buy cannabis in New York. This is capped at 3 ounces (85 grams for cannabis flower) and 24 grams for cannabis concentrate.
However, as for Delta 9 derived from hemp, there are no possession limits. This is because hemp is, as you know now, legal at both state and federal levels. The compound is primarily sold in commercial products made for human consumption.
Hemp products with a Delta 9 concentration of not more than 0.3% are legal in New York. You can buy these online and have them shipped right to your doorstep.
Is Delta-9-THC Legal in New York
Yes, Delta-9-THC is legal in New York. This is regardless of whether it comes from marijuana or hemp. This is not to imply that marijuana is legal in New York; far from it. The state just decriminalized the possession of small amounts (up to 85 grams).
Hemp is entirely legal under the 2018 Farm Bill. This means its derivatives, extracts, and cannabinoids, e.g., Delta-9-THC, are permissible. This is due to SB S854A signed into law in 2022. What’s more, hemp’s legal status means players in the industry can sell across state lines, something that players in New York’s marijuana market cannot do.
Also, hemp farming does not attract the high regulatory costs marijuana farming in New York does. As a result, hemp products have proliferated in recent years as entrepreneurs seek to cash in on the hemp craze.
Herein lies the secret – the 0.3 percent THC cap is easy to determine for dry products like cannabis flower. However, for oils and edibles, e.g., gummies, it becomes tricky because the interpretation is that a 5-gram gummy can legally contain up to 15 milligrams of THC. This makes it infinitely less expensive to operate in the hemp space.
Where to Buy Delta-9 Gummies in New York
New York might have made significant strides by legalizing cannabis and hemp, but many issues remain unresolved. For example, the hemp industry is unregulated, which means not every hemp product on the market is safe, effective, and high-quality.
This is why it is advisable to purchase hemp products like Delta 9 gummies from reputable online sellers like Botany Farms, Melee Dose and Delta Munchies.
Check out our picks for the best Delta 9 THC Gummies below:
Pinnacle Hemp Delta-9 Gummy Rings - Assorted Gummy Flavors - 10mg per Gummy - Compliant Delta-9The homies over at Pinnacle Hemp have outdone themselves once again with their new complaint Delta-9 products.You read that right, Delta-9 products but the one Strawberries are delicious. Bananas are yummy. Together, they combine to create the perfect fruity flavor. Our 20mg HHC and D9 vegan edibles are made with the highest quality hemp to provide you with a wave of sweet relief. They taste like a smoothie, and Urb D8/D9 Blue Watermelon Gummies - 3,500MG of Delta-8 & Delta-9 - 100MG per Gummy - 35 GummiesOkay, okay, okay stop crying Urb has heard you and they have delivered something with your name on it.The new addition to their EXTRA POTENT Delta-8 and Delta-9
Wild Orchard Full-Spectrum Delta-8 Gummy 250mg Per Bag
Strawnana Gummies HHC + D9 Blend
