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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 THC 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.


Delta 8 THC is commonly derived from THC, also called delta 9 THC. 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 plants naturally produce delta 8 THC, but only in very low quantities. To produce higher amounts of delta 8 THC, chemists have discovered methods that can 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 level of no more than 0.3% on a dry weight basis are legal. This includes not only the leaves, flowers, stalks, stems, and seeds of industrial hemp but also its cannabinoids, isomers, salts, acids, extracts, derivatives, etc.

Does this make delta 8 THC legal in New York then?

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 state’s Department of Health has recently amended its hemp laws in May 2021 and now specifically bans delta 8 THC regardless of its source.


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 boosts energy.

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).


Hemp Leaf with Prohibited Red Sign on a Brown Background

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 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.


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 the USPS from shipping vape products as well as vape 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 it comes to checking the age and identity of the recipient.

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.


Delta 8 THC is changing the cannabis landscape. It’s given people an alternative to delta 9 THC — which can cause overstimulation, insomnia, 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 anxiety and paranoia. It also doesn’t trigger hallucinations and delusions.


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, which include increased anxiety and panic attack as well as 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 maybe 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.


Researcher Checking on the Hemp Plants in the Field

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 also came from a naturally occurring cannabinoid, which is CBD.

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


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 ingestible like capsules are perfect for those who are after a longer-lasting effect. Smokeable, like flower and vapes, 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, based on your reaction to the cannabinoid, adjust the dose accordingly. 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.


Again, we emphasize that delta 8 THC is currently not legal in New York after the 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.

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’re unable to 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.

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