Is Delta THC Legal in New York?

New York Delta-8 THC Overview >
New York Delta-9 THC Overview >

What is Delta THC?

Delta THC is a group of isomers found in marijuana and hemp plants. Some of the group's most famous members are Delta 8, Delta 9, and Delta 10. These isomers are found in varying degrees, and all have intoxicating properties. Delta 9 THC is the most abundant and well-studied of the three popular isomers. Delta 8 and Delta 10 THC have only recently gained attention for their milder effects.

Other commonly sold Delta THC isomers found in the cannabis plant or synthesized from other THC compounds include THC-O, THC-P, THCV, THCh, THCjd, HHC, and HHC-O. These lesser-known compounds have comparable effects on the body and are being researched for their possible medical and recreational applications.


CBD and THC are both cannabinoids. Cannabinoids are plant chemicals present in hemp and marijuana. The most prominent distinctions between CBD and THC are the plants in which they are found and the concentrations of each compound in those plants.

THC and CBD have the same molecular weight and identical chemical composition. Both molecules contain 21 carbon, 30 hydrogen, and 2 oxygen atoms. The arrangement of these atoms is what differentiates THC from CBD. The only variations in their molecular arrangements are the positions of their hydrogen and oxygen atoms.

Although CBD and THC come from the cannabis plant family, their federal legal statuses differ. Both cannabinoids are present in hemp; however, federal law prohibits hemp from containing more than 0.3% THC by weight. This is because, unlike THC, CBD does not induce a high.

CBD and THC both interact with the Endocannabinoid System (ECS) but in different ways. The ECS consists of many receptors, such as the CB1 and CB2 receptors, and the interactions of both CBD and THC with these receptors result in varying effects experienced by users of both cannabinoids.

The binding affinity of THC for the CB1 receptor is high. This is why the psychoactive properties of the compound are so potent. This binding creates a variety of bodily and mental effects, some more beneficial than others. THC, for example, can induce pleasure and stimulate appetite, but it can also cause the onset of paranoia and anxiety. CBD has a modest binding affinity for CB receptors; however, researchers are unsure about its precise interaction with CB receptors in the ECS. CBD has anti-inflammatory properties, which aid its use in managing inflammations and pains.

What is Delta-8 THC?

Delta 8 THC is a compound found in cannabis plants. The compound is so named due to the double chemical bond on the 8th carbon chain. Delta 8 is a psychoactive cannabinoid with similar effects to Delta 9 THC. While less potent than Delta 9, Delta 8 THC may offer many psychoactive properties of Delta 9 THC, such as relaxation, euphoria, and pain relief, with fewer side effects. According to a scholarly study, Delta 8 THC may cause the following adverse effects:

  • Difficulty concentrating

  • Memory loss or impaired coordination (short-term)

  • Altered sensory perception

  • Paranoia and anxiety

Insufficient scientific information exists to determine whether Delta 8 THC use will result in a positive drug test. Due to the molecular similarities of Delta 8 THC and Delta 9 THC, experts believe excessive use may result in a positive drug test, particularly because CBD isolates may produce positive drug test results.

Is Delta-8 THC Legal in New York?

Products containing the Delta 8 THC compound are prohibited in New York. The New York Cannabis Control Board (CCB) issued a statement in 2021, claiming that Delta 8 THC is not legal for manufacturing, production, or sale within the state. Although the federal government removed hemp and hemp-derived products from the definition of marijuana in 2018, each state is permitted to choose its policies concerning legalizing hemp products.

What is Delta-9 THC?

Delta 9 THC is the main psychoactive compound found in cannabis responsible for the "high" associated with cannabis use. Delta 9 THC can show up on a drug test and stay detectable in the body for different periods, depending on the type of test and individual factors such as metabolism and frequency of use.

While Delta 9 THC is generally considered safe for adults, its potential risks and side effects may include impaired driving, addiction, respiratory problems, and mental health issues. Delta 9 can cause various short-term effects such as euphoria, relaxation, altered perception, and increased appetite, but it can also produce side effects such as anxiety, paranoia, and impaired coordination.

Is Delta-9 THC Legal in New York?

As per the guidelines provided by the New York Office of Cannabis Management (OCM), the possession and consumption of marijuana-derived Delta 9 THC products are legal for adults aged 21 or older or recognized medical marijuana patients. Also, in accordance with the federal 2018 Farm Bill, the use of Delta 9 THC products derived from hemp is permitted, provided they contain no more than 0.3% Delta 9 THC.

Only licensed marijuana dispensaries in the state are authorized to sell marijuana-derived Delta 9 THC products to qualified persons. Conversely, Delta 9 THC products derived from hemp that meet federal guidelines for hemp-derived products may be obtained from hemp shops in New York and other states where they are legal for shipment into New York State.

What is Delta-10 THC?

Delta 10 is a cannabinoid present in minute quantities in the cannabis plant. It is less potent than conventional THC but can still induce intoxication. This property makes Delta 10 comparable to Delta 8 - a cannabinoid less potent than Delta 9 THC. Delta 10 is often produced from CBD extracted from hemp. The cannabinoid is typically offered in vape cartridges, oils, tinctures, gummies, and edibles.

To produce Delta 10, CBD oil is first extracted from hemp, and the resultant extract is refined into Delta 10. Due to the significant refinement required, its products are rarely found in abundance. Delta 10 is safe to consume, but because chemicals are employed in the extraction process, it is important to only consume Delta 10 products that have been lab-tested at certified labs to guarantee they are safe for consumption.

Delta 10 is frequently compared to cannabis sativa strains and is said to have energizing and uplifting effects. It is also detectable by drug tests. Like other THC compounds, Delta 10 contains THC metabolites that will show up on a drug test if they are still in your system. Urine tests, blood tests, hair follicle tests, and saliva tests may detect THC in your system several hours and weeks after use. Hence, Delta 10 use may cause you to fail a workplace drug test.

Note that much of what is known about Delta 10 is based on anecdotal evidence. To completely comprehend the impact and effects of the substance on the human body, additional research is required.

Is Delta-10 THC Legal in New York?

Like Delta 8, Delta 10 is illegal in New York. The hemp regulations issued by the Cannabis Control Board cover all THC isomers derived from hemp plants. The regulations state no hemp-derived cannabinoid products may contain synthetic cannabinoids or cannabinoids obtained through isomerization. Note that Delta 10 occurs in small quantities in the hemp plant, which makes its extraction difficult. Hence, Delta 10 THC is usually created using isomerization.

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