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After many rumors, New York State has finally banned delta 8 THC, which is surprising as the state has also very recently legalized recreational cannabis use.  New laws are up for public comment for the next two weeks, but for the time being, delta 8 users and sellers, not to mention manufacturers, throughout the state are scrambling to understand how this new law will impact them.

Why Did New York Ban Delta 8?

New York’s recent ban on delta 8 is one in a long list of states that have executed the same action against this relatively new cannabinoid to the market.  Delta 8 THC is minorly psychoactive, and this has scared state legislators in spite of its being perfectly legal under federal law.

Delta 8 THC is outlawed in New York, according to lawmakers, because they believe it falls under the category of synthesized THC, as it can be produced using an isomer of delta 9 THC.  However, this leaves some residents confused.  Delta 8 can also be produced by isolating the naturally occurring cannabinoid that is found in hemp, which would make it non-synthesized, and not associated with delta 9 in any way.

Further, it’s unclear whether or not the possession of delta 8 could lead to penalization, as the law places its emphasis on those who produce delta 8 THC within the state.  Still, experts are encouraging stores to stop selling delta 8 immediately, as we await more information in the coming weeks.

What This Means for Shops That Carry Delta 8

Delta 8 THC has been a big business in New York and around the country, acting as a milder alternative to the delta 9 that’s in marijuana.  Further, delta 8 is not just about getting “kind of” high.  It acts on CB1 receptors in the nervous system and has been studied for its potential highly useful properties pertaining to the body’s function.

Stores that carry hemp products have by and large seen huge increases in profits by carrying delta 8 gummies, vapes, tinctures and more.  This compound has proven to be massively successful, and so companies have been quite pleased with the results of stocking it on their shelves.

Further, offering delta 8 allowed smaller businesses to better compete with state-regulated and managed dispensaries that carry marijuana products.  Due to similarities between delta 8 and delta 9, offering delta 8 allowed these smaller businesses to offer a product that behaves somewhat similarly to delta 9, while being federally legal, and up until now, legal throughout the state.

This means that these businesses will lose quite a bit of revenue.  And, remember that it’s not only brick-and-mortar stores – online retailers and manufacturers will also feel the hit.

What This Means for Customers

It remains unknown whether or not delta 8 users throughout the state need to stop taking their favorite products immediately.  The law does not offer clear information about possession in the state, or even purchasing.  We would imagine that this information will come out by July 19 when a public comment session will take place.

Why Delta 8 Should Remain Legal in New York State

Ultimately, banning delta 8 THC is somewhat nonsensical in a state that has legalized cannabis, and we feel that there may be ulterior motives to this decision to boost the state-sponsored recreational dispensary program that is currently underway.  Delta 8 is less psychoactive than delta 9 THC, and the concerns that it may be harmful come from ignorance as many studies have been done on delta 8 over the last several decades.  Delta 8 is the 4th most researched cannabinoid in the world, and the science speaks for itself.

Further, delta 8 is federally legal, and can be produced using non-synthetic means, which means that the actual legislation is not totally accurate when it comes to its classification as a synthetic form of THC.  Companies have worked hard to develop safe, legitimate and legally compliant delta 8 THC products, and so this new law feels like a slap in the face.

What Can Be Done?

If you’re a delta 8 manufacturer, business owner or user, we recommend that you reach out to elected officials in the state of New York to let them know that you disagree with this law, and that the research largely supports delta 8.  There is still a lot to be determined about how the law will be enacted, so now is our chance to make our voices heard in hopes of minimizing the impact of the law and harming businesses selling the cannabinoid.  Advocates hope that the new law can be reversed altogether.

Due to this, after July 31st, 2021, Sativa Remedy will not be able to retail D8 THC products online or in-store. We recognize that these products have been able to help many of you. We apologize for this inconvenience, but we must remain compliant with NYS and DOH Hemp Regulations!

We encourage you to leave any comments regarding the proposed cannabinoid hemp regulations and directly contact the New York State Department of Health Regulatory Affairs Unit at the following email address: regsqna@health.ny.gov It would be best and helpful to mention how the prohibitions might affect your quality of life and request regulations regarding Delta 8 products versus just an outright ban. 

Additional communication will be sent out when final regulations are filed for adoption and are effective.

Contact the Cannabinoid Hemp Program

Call: 866-NYS-HEMP (866-697-4367)

E-mail: hemp@health.ny.gov

3 Comments

  • Andrew says:

    Great article, David. I was hoping to get some clarity on this subject but it’s still confusing. Do you think these new regulations, if adopted, would affect an online-only seller of D-8 living in NYS, but NOT selling it within NY, but rather, shipping only to states where it’s legal.

    Banning D-8 in a state that just legalized D-9 is ABSURD. It’s like ending prohibition on alcohol, but saying you can only have whiskey, but Miller Lite is still illegal.

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