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Status verified January 1, 2025 – No legislative changes detected.

Is Delta-8 Legal in New York?

Get email alerts when New York Delta-8 THC laws change.

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Current Status

New York has banned the sale of Delta-8 THC outside of its licensed cannabis market. The New York Department of Health issued guidance prohibiting hemp retailers from selling Delta-8 THC products due to their psychoactive nature. Only licensed cannabis retailers operating under the Office of Cannabis Management may sell Delta-8 products, and non-compliant sales through hemp retailers are subject to enforcement.

Delta-8 THC legality varies by state. View the interactive map for all 50 states, or see other banned states in the Related States section below.

What Merchants Need to Know

Lab testing recommended for all products
Labeling must comply with state standards

Other states where Delta-8 THC is banned

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