New York bans delta-8 THC, resists calls to track hemp like marijuana

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates. Make informed decisions.

(A version of this story first appeared at Hemp Industry Daily.)

New York state is the latest market to expressly prohibit delta-8 THC and other THC isomers derived from hemp.

The delta-8 THC ban, issued by the state health department this week in an updated batch of hemp regulations, covers any THC isomers derived from hemp.

The update comes six weeks after Gov. Andrew Cuomo signed a law making a first-in-the-nation attempt to regulate hemp operators working with flower and cannabinoid products the same way the state oversees marijuana operators.

At least six states have considered or are currently updating their laws to specifically govern delta-8 THC, joining at least 11 that already have laws on the books addressing the minor cannabinoid.

New York also adjusted a cannabinoid labeling requirement for hemp products to apply only to THC and CBD, not all cannabinoids in the product.