Is Delta-8 Legal in New York?

According to the 2018 Farm Bill, all parts and derivatives of industrial hemp, provided they have a Delta 9 THC level not exceeding 0.3% on a dry weight basis, are considered legal federally. However, the New York Department of Health has revised its hemp-related regulations, specifically prohibiting Delta 8 THC, whether derived from hemp or marijuana.

Why is Delta-8 Illegal in New York

Delta 8 is banned in New York owing to concerns by the state’s Health Department over advertising, labeling, testing, and packaging concerns for the compound. The NYDH fears for the safety of residents, stating that the compound is an intoxicating component obtained by adding potentially harmful chemicals to cannabinoids. The Health Department considers cannabinoid compounds made synthetically illegal and therefore acts to keep products made from such compounds away from public use.

Delta 8 Laws in New York

The New York State Department of Health established the law relating to Delta 8 in New York.

2021: The state health department released new regulations for hemp-derived products in May 2021. Per the law, all cannabinoid hemp processors are prohibited from using synthetic cannabinoids or Delta 8 tetrahydrocannabinol created through isomerization in the manufacturing of any hemp products. Hence, hemp-derived Delta 8 became illegal in the state

What Is Delta-8 THC?

Delta 8 THC, a psychoactive compound found in the cannabis sativa plant, has become popularly known as "diet weed" or "marijuana-lite". Although it is one of over 100 cannabinoids naturally produced by the plant, it is not found in significant quantities. Consequently, concentrated amounts of Delta 8 THC are typically made from hemp-derived cannabidiol (CBD).

The most prevalent form of THC in cannabis plants is Delta 9 THC, a compound that shares a nearly identical chemical structure with Delta 8 THC. As a result, both substances behave similarly in the body. They both attach to the same receptors in the brain, especially the CB1 receptor, which is responsible for the psychoactive effects experienced when consuming cannabis or cannabis-infused edibles.

Delta 8 users report feeling a gentle high, increased focus, and a calming effect on the body. The compound has therapeutic properties, including providing relief for nausea, pain, and anxiety. It may also improve appetite and promote healthy sleep patterns.

Delta-8 vs. Delta-9

Delta 8 and Delta 9 are two different types of THC (tetrahydrocannabinol) compounds found in the cannabis plant. Delta 9 is the primary psychoactive cannabinoid of cannabis responsible for the intoxicating feeling associated with marijuana use. Delta 8, on the other hand, is a less common compound found in the cannabis plant and is only present in small amounts.

Both Delta 8 THC and Delta 9 THC can activate CB1 and CB2 cannabinoid receptors in the body, albeit with different effects. Delta 9 THC has a higher affinity for the CB1 receptor, which is mainly found in the brain and central nervous system. This stronger affinity is responsible for Delta 9 THC's more intense psychoactive effects compared to Delta 8 THC. Delta 8 THC, on the other hand, has a lower affinity for the CB1 receptor and is more selective in binding to the CB2 receptor, which is primarily found in the peripheral nervous system and immune system. This means that Delta 8 THC produces a milder high and is less psychoactive than Delta 9 THC. Additionally, Delta 8 THC is known to have potential therapeutic benefits, including pain relief and reducing anxiety. Also, this milder high is thought to be responsible for the growing demand for Delta 8 THC products federally.

Note that Delta 8 THC is legal federally in accordance with the Agriculture Improvement Act of 2018, which legalized hemp and its derivatives and removed them from the federal list of Schedule I controlled substances as long as they contain less than 0.3% THC. In contrast, Delta 9 is federally illegal as it is typically derived from marijuana, which the United States Drug Enforcement Administration prohibits.

Delta-8 vs. Delta-10

Delta 8 and Delta 10 are two THC (tetrahydrocannabinol) variants found in cannabis plants. While Delta 8 has been better researched, Delta 10 is a relatively new discovery, and studies into its impacts and properties are ongoing.

Delta 8 and 10 have distinct chemical structures, resulting in distinct physiological consequences. Delta 8 THC is considered less potent than Delta 9 but more powerful than Delta 10. Delta 8 creates a milder, less psychotropic high than Delta 9. Similar to Delta 9 but with a shorter duration, Delta 10 is said to provide a cerebral and uplifting high.

Delta 8 can be found in trace amounts in cannabis and hemp plants, although Delta 10 occurs in even smaller quantities. Both Delta 8 and Delta 10 can be chemically synthesized from CBD and Delta-9 THC.

How Long Does Delta-8 Stay in the Body?

The period taken by Delta 8 THC to remain in the body varies. The period length generally depends on factors such as dosage, method of consumption, frequency of use, and individual metabolism. After use, Delta 8 THC is rapidly metabolized by the liver and converted into metabolites that are eliminated from the body through excretion. The half-life of Delta 8 THC, which is the period taken for the body to eliminate half of the substance, is estimated to be between 2-4 hours.

Delta 8 THC can be detected in various types of drug tests, including urine, blood, and saliva tests. The detection time can vary depending on the test type used, the test's sensitivity, and the amount of Delta 8 THC consumed. In general, Delta 8 THC can be detectable in blood for up to 48 hours after use, in saliva for up to 12 hours, and in urine for up to 2 to 7 days, depending on the frequency of use.

The kind of Delta 8 product used, such as vapes or gummies, may influence the onset and duration of the effects of the THC, but it is unlikely to affect the detection window of drug tests substantially. Vaping or smoking Delta 8 THC typically delivers the quickest start of effects due to its rapid absorption into the bloodstream via the lungs. Typically, the benefits are seen within minutes of inhalation. However, edibles, such as Delta 8 THC gummies, require digestion and metabolism in the liver before the THC may enter the bloodstream. The onset of edibles effects can take anywhere from 30 minutes to 2 hours, and the THC metabolites from ingestion typically remain longer in the body than when vaping or smoking.

Does Delta-8 Show Up on a Drug Test in New York?

Delta 8 THC, like other isomers of Delta THC, can cause you to fail drug tests, including workplace drug tests. Conventional drug tests, such as swabs, urine, blood, and hair follicle tests, can detect Delta 8 THC. These drug tests usually look for THC metabolites and not specific Delta THC isomers. The liver creates THC metabolites as a byproduct of the breakdown of Delta THC isomers. With Delta 8 THC and Delta 9 THC possessing similar chemical structures, both form similar metabolites in the body and show up on drug tests.

The length of time that Delta 8 THC can be detected in the body is contingent upon a number of factors, including the frequency and quantity of use and the kind of drug test used. Delta 8 THC may typically be found in urine tests for up to 30 days after use and in blood and saliva samples for up to 48 hours after use. This is in contrast to the detection window for Delta 9 THC, which is only 24 hours.

If you are going to undertake a drug test, it is recommended that you steer clear of taking Delta 8 THC products several months ahead of the test.

What Happens if You Get Pulled Over with Delta-8 in New York?

Delta 8 THC is prohibited under state law, regardless of whether it is derived from hemp or marijuana. Possession or sale of Delta 8 THC can result in criminal charges and penalties. Therefore, if you are pulled over for suspected Delta 8 THC possession in New York, law enforcement may conduct a field sobriety or blood test to determine if you are impaired while driving. However, whether you will be subjected to a drug test for Delta 8 THC specifically may depend on the circumstances of your stop and the discretion of law enforcement.

Depending on the amount in your possession, whether you are driving while intoxicated, and other circumstances surrounding the offense, you may be punished with fines, probation, and imprisonment.

Where to Buy Delta-8 in New York

The manufacturing, sale, distribution, and purchase of synthetic cannabinoids are strictly prohibited in New York. State lawmakers have declared that products containing Delta 8 are illegal in New York due to safety and regulatory concerns. Therefore, you cannot purchase Delta 8 legally anywhere in New York.