These days, Delta-8 THC seems like the hottest cannabinoid in the green industry.
Delta-8 THC is being marketed as a better alternative to Delta-9 THC, which is the component of marijuana that gets you high.
Anyone looking for a focused, alert high that won’t leave you paranoid or anxious may be interested in trying Delta-8 THC.
Although Delta-8 THC has become widely available, recent changes to hemp laws by New York’s Department of Health make it illegal to possess and consume in the state.
We’ve created this guide so you can better understand Delta-8 THC and its legal status in New York State.
What is Delta-8 THC?
Delta-8 THC products are blowing up in popularity across the cannabis industry.
Delta-8 THC is an isomer of Delta-9 THC, which is the most common cannabinoid in the cannabis sativa plant. Delta-9 THC is psychoactive, which is why you get high when you consume it.
Delta-8 THC is a cannabinoid with a similar chemical structure to Delta-9 THC, but it doesn’t have the same negative side effects. Some people experience anxiety or paranoia when they consume Delta-9 THC, but not with Delta-8 THC.
Let’s go deeper into the differences between Delta-8 and Delta-9 THC.
How does Delta-8 THC differ from Delta-9 THC?
A cannabinoid is a chemical compound. Every human body has a naturally occurring endocannabinoid system that binds with these chemical compounds to produce reactions, regardless of whether they consume cannabis products. These reactions affect our body’s internal functions, such as mood, sleep, and eating.
As isomers of THC, Delta-8 and Delta-9 share the same double-bonded structure that makes them psychoactive, but they bind with receptors of the endocannabinoid system differently.
The placement of their double bond may explain their difference in effects.
With Delta-8 THC, the double bond is on the eighth carbon chain. With Delta-9 THC, the double bond is on the ninth carbon chain–hence the “8” and “9” in their names.
The weak placement of this double-bond may be the reason why Delta-8 THC interacts differently with the CB1 receptor of the endocannabinoid system.
Let’s discuss the effects of Delta-8 THC.
How does Delta-8 THC make you feel?
Delta-8 THC is often called “Diet Weed” or “Weed Lite.” Think of it as the cooler, more responsible older sister of Delta-9 THC.
Expect to feel focused and alert after consuming Delta-8 THC. Users note Delta-8 gives them a pleasant, less psychoactively potent high sensation.
Although there is more research about the benefits of CBD and Delta-9 THC, recent evidence suggests that Delta-8 THC may have the potential to improve PTSD, sexual health, pain, and anxiety.
How can you consume Delta-8 THC?
Many people love the smooth, calming effects of Delta-8 THC. It’s blowing up in states where hemp-derived CBD products are legal.
There are various ways to consume Delta-8.
For long-lasting effects, try edibles that are infused with Delta-8 THC. These tasty treats’ effects usually take about an hour to kick in, but they should last for a couple of hours.
If you want to feel the effects of Delta-8 THC faster, you can try a sublingual product. A tincture is a liquid that goes under your tongue. It absorbs into your bloodstream quickly by bypassing your stomach.
You can also smoke Delta-8 THC flower for fast-acting effects.
Delta-8 THC can be vaporized as well. You can vaporize Delta-8 THC flower as well as concentrate.
Let’s move on to the legality of Delta-8 THC in the United States and New York.
Is Delta-8 THC legal in the United States?
In 2018, former President Donald Trump signed a Farm Bill that allowed for the transportation of hemp-derived products across state lines, as long as they did not contain more than 0.3% Delta 9 THC.
This meant that Delta-8 THC, a cannabinoid that helps manage anxiety and keeps you focused–was federally legal across the United States.
Delta-8 THC can be found naturally in cannabis sativa plants, but it is very rare. Instead of searching for Delta-8 THC in plants, extractors synthesize Delta-8 THC by converting it from hemp-derived CBD.
Is Delta-8 THC legal in New York State?
Although the federal government gave Delta-8 THC the thumbs up, it’s not legal in New York.
In May of 2021, the New York State Department of Health amended its hemp laws to ban Delta-8 THC.
Although Delta-8 THC products derived from hemp CBD were legal in New York State for about a year, this amendment halted their sale completely.
Where can I buy Delta-8 THC?
Quality Delta-8 THC products like ours are available for purchase online, but unfortunately, Delta-8 THC is not legal in the state of New York.
Like we said before, Delta-8 THC is not legal in New York because of a Department of Health amendment to the state’s hemp laws in May 2021.
Can I buy Delta-8 THC with a medical card in NYS?
Sadly, even with a medical marijuana card, you cannot buy Delta-8 THC in New York.
Overall, only 36 states allow constituents to obtain medical marijuana cards. The Delta-8 THC loophole, created by the 2018 Farm Bill, allowed people across the country to enjoy the benefits of a THC product–even where it was impossible to obtain a medical marijuana card.
There are other restrictions to obtaining Delta-8 THC. Let’s talk about the PACT Act’s amendment known as ENDS, which was created to protect minors from ordering Delta-8 THC products online.
What is the PACT ACT?
The “PACT” in PACT Act is an acronym for Prevent All Cigarette Trafficking. At the end of 2020, Congress expanded the act to include vaping devices. These amendments were added to the Covid-19 relief bill.
The amendment, known as Electronic Nicotine Delivery Systems, or “ENDS,” requires special legal obligations for businesses. The three main parts of the ENDS Act include registration requirements, reporting requirements, and shipping restrictions.
Unfortunately, this amendment applies to businesses selling cannabis, hemp, and CBD vaporizers and vaporizer accessories. As of right now, these products cannot be shipped by public agencies like the USPS or private companies like UPS and FedEx.
Is Delta-9 THC legal in New York?
As of March 2021, New York has new recreational cannabis rules. Adults ages 21 and up can possess three ounces of cannabis or 24 grams of concentrates. They can also smoke cannabis wherever tobacco can be smoked. Unfortunately, no businesses are currently allowed to sell cannabis products.
Recently, the Office of Cannabis Management was created within the New York State Liquor Authority. This office will be responsible for regulating recreational cannabis, hemp, and existing medical marijuana programs.
What is Delta-10 THC?
Turns out, there is another THC isomer blowing up the cannabis industry.
Meet Delta-10 THC. It’s similar to Delta-8 THC in structure, but its effects are quite different.
Some users compare the effects of Delta-8 THC to an indica, which has relaxing effects. On the other hand, users compare the effects of Delta-10 THC to a sativa, which has uplifting effects.
Just like Delta-8 THC, Delta-10 THC can be converted from CBD.
Unfortunately, this means that Delta-10 THC is also illegal in New York, as of May
Be careful with Delta-8 and Delta-10 THC products in New York. You don’t want to get fined or end up with jail time. Also, you don’t want your precious products confiscated!
Is there a future for New York?
Now that Delta-9 THC is on the path to legalization in New York, the future of Delta-8 THC seems promising. We can expect that it will be heavily regulated, just like Delta-9 THC.
New York’s newest governor, Kathy Hochul, supports marijuana legalization. She believes that the cannabis industry will generate thousands of jobs for New York State.
With the support of the governor, Delta-8 THC may be legalized in New York in the future. Only time will tell whether this super cannabinoid is allowed back on the New York State cannabis market.