As of October 8, 2026, CBG / CBDA / CBGA (hemp-derived) is illegal to sell at retail in New York as flower / raw plant. Hemp cigarettes, cigars and pre-rolls are a disallowed product form (9 NYCRR 114.8(a)(6)); raw flower 21+ only. Effective 2021-11-24. Controlling source: 9 NYCRR 114.8(a)(6); 114.16(a).
Verified October 8, 2026 · confidence: confirmed9 NYCRR 114.8 provides that cannabinoid hemp products may not be in the form of an injectable, inhaler, or product including a cigarette, cigar or pre-roll, and OCM's permitted/prohibited forms guidance lists 'any form for the purpose of smoking' and kits with rolling papers or pipes as prohibited. Loose hemp flower is a permitted form for consumers 21+ with 0.3% delta-9 limits, testing, labeling and a smoking-hazard warning, sold by licensed cannabinoid hemp retailers (114.3, 114.11, 114.16). So CBD cigarettes and CBG pre-rolls are out, while raw CBD/CBG flower can be sold by licensed retailers. Penalty: OCM license suspension or revocation, civil penalties and embargo under the Cannabis Law. Part 114 adopted eff. Nov. 24, 2021; last amended Dec. 13, 2023. Applies to CBG pre-rolls and flower. Flags: sale ban True, manufacture-only ban False, shipping ban False, 21+ True, license True, total-THC flower test False. Pending: Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container. Law text: 9 NYCRR 114.8(d) from the official source (shared with the THCV row). The quoted excerpt was read on a mirror and is not inside the stored official section. Held at restricted and provisional: the cigarette and pre-roll ban was read on Cornell; the stored official text covers 114.8(d) only. Treat cigarettes and pre-rolls as do-not-ship to NY until 114.8(a) is rendered from the OCM PDF. Upgraded 2026-10-08: 114.8(a)(6) read on the official OCM Part 114 PDF.
not be in the form of an injectable, inhaler, product including cigarette, cigar, pre-roll, or any other disallowed form as determined by the office;
As of October 8, 2026, CBG / CBDA / CBGA (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New York as tincture / sublingual. Exposure: Gray: New York requires a 15:1 CBD:THC ratio for non-flower products; a CBG oil with THC but little CBD can fail it even when THC is within the caps. Controlling source: OCM Part 114 adopted regulations page.
Verified October 8, 2026 · confidence: under_review9 NYCRR Part 114 requires cannabinoid hemp processor and retailer licenses (OCM). Under 114.8, products must be 0.3% total delta-9 THC or less; orally consumed products may hold no more than 1 mg total THC per serving and 10 mg per package and 3,000 mg total cannabinoids per package (100 mg per serving); tinctures up to 100 mg THC and 4,000 mg cannabinoids per package; products other than flower and topicals need a CBD:THC ratio of 15:1 or higher; no alcohol, no injectables, inhalers, cigarettes or pre-rolls. CBD foods and beverages are permitted forms. Sales are 21+ under Part 114 (age section not re-read here). Last amended Dec. 13, 2023. Applies to CBG, CBDA and CBGA oils. Limit noted: Same caps; CBD:THC 15:1 applies. Pending: OCM Part 114 amendments (e.g., federal 0.4 mg alignment) not verified. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
10 milligrams total THC per package, with no more than 1 milligram total THC per serving
As of October 8, 2026, CBG / CBDA / CBGA (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New York as edible / ingestible. Exposure: Gray: New York requires a 15:1 CBD:THC ratio for non-flower products; a CBG product with THC but little CBD can fail it even when THC is within the caps. Controlling source: OCM Part 114 adopted regulations page.
Verified October 8, 2026 · confidence: under_review9 NYCRR Part 114 requires cannabinoid hemp processor and retailer licenses (OCM). Under 114.8, products must be 0.3% total delta-9 THC or less; orally consumed products may hold no more than 1 mg total THC per serving and 10 mg per package and 3,000 mg total cannabinoids per package (100 mg per serving); tinctures up to 100 mg THC and 4,000 mg cannabinoids per package; products other than flower and topicals need a CBD:THC ratio of 15:1 or higher; no alcohol, no injectables, inhalers, cigarettes or pre-rolls. CBD foods and beverages are permitted forms. Sales are 21+ under Part 114 (age section not re-read here). Last amended Dec. 13, 2023. Applies to CBG gummies, CBG drinks and water-soluble CBG (CBGo). Limit noted: Same caps; CBD:THC 15:1 applies. Pending: OCM Part 114 amendments (e.g., federal 0.4 mg alignment) not verified. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
10 milligrams total THC per package, with no more than 1 milligram total THC per serving
As of October 8, 2026, CBG / CBDA / CBGA (hemp-derived) is legal to sell at retail with restrictions in New York as raw material / ruo. New York: CBG extract may go only to OCM-licensed hemp processors, shipped with origin license and 0.3% THC COA. Controlling source: 9 NYCRR Part 114 Cannabinoid Hemp, express terms adopted 12/2023 (114.7, 114.14, 114.15).
Verified October 8, 2026 · confidence: confirmedNo person shall extract hemp extract or manufacture cannabinoid hemp products in New York State unless licensed to engage in such activity by the office or otherwise authorized by the United States Food and Drug Administration.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Flower / raw plant | Illegal | Hemp cigarettes, cigars and pre-rolls are a disallowed product form (9 NYCRR 114.8(a)(6)); raw flower 21+ only | 2026-10-08 |
| Tincture / sublingual | Gray area | New York: CBG/CBDA oils follow the CBD caps; low-CBD CBG oils risk the 15:1 CBD:THC ratio. | 2026-10-08 |
| Edible / ingestible | Gray area | New York: CBG gummies and drinks follow the CBD caps; CBG products with THC but little CBD risk the 15:1 ratio. | 2026-10-08 |
| Raw material / RUO | Restricted | New York: CBG extract may go only to OCM-licensed hemp processors, shipped with origin license and 0.3% THC COA. | 2026-10-08 |
Among New York's 5 neighbors, New Jersey is illegal; Connecticut and Vermont are restricted; Massachusetts is gray area; Pennsylvania is legal.
Map and neighbor comparison show flower / raw plant. Open the interactive map · Every compound in New York
Federally restricted. Hemp today; from Dec 11, 2026 a pre-roll or cigarette over 0.4 mg total THC per container leaves hemp (Schedule I) Federal detail
6 instruments on file for this compound's framework in New York; 15 of 16 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
f47e8d7ef506baff9 NYCRR 114.8(a): Cannabinoid hemp products ... shall: ... (6) not be in the form of an injectable, inhaler, product including cigarette, cigar, pre-roll, or any other disallowed form as determined by the office; [partial: quoted from the official Part 114 PDF on cannabis.ny.gov] 114.16(a): ... or flower product to anyone under twenty-one (21) years of age.
40ece2e25cfbbd0a(d) All concentrated cannabinoid hemp products intended for inhalation or vaporization shall meet the following additional requirements: (1) be a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged; (2) electronic vaporization devices shall have internal or external temperature controls to prevent combustion and have a heating element made of inert material such as glass, ceramic or stainless steel and not plastic or rubber; (3) except for hemp-derived terpenes, excipients and ingredients must be pharmaceutical grade unless otherwise approved by the office, and shall not include: (i) synthetic terpenes; (ii) polyethylene glycol (PEG); (iii) vitamin E acetate; (iv) medium chain triglycerides (MCT oil); (v) medicinal compounds; (vi) illegal or controlled substances; (vii) artificial food coloring; (viii) benzoic acid; (ix) diketones; and (x) any other compound or ingredient as determined by the office in regulation; (4) not contain any flavors or flavoring agents, except for hemp-derived terpenes; and (5) include an office approved symbol, as set out in future regulation, in a manner that is clear and conspicuous.
eba05e0db2e27c53(d) Cannabinoids means any hemp-derived phytocannabinoid, including but not limited to, Tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigerol (CBG), cannabichromene (CBC), cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabichromevarin (CBCV), cannabigerovarin (CBGV), cannabigerol monomethyl ether (CBGM), cannabielsoin (CBE), cannabicitran (CBT). Cannabinoids do not include synthetic cannabinoids, as that term is defined in subdivision (g) of section 3306 of the Public Health Law and section 9-1.1 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. (u) Hemp means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9-Tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
7ac83c2c7540187eSection 114.8 Cannabinoid hemp product requirements (a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall: (1) be manufactured in accordance with Parts 101, 111 or 117 of Title 21 of the Code of Federal Regulations, as appropriate for the type of product being manufactured and as otherwise determined appropriate by the office in guidance or future regulation. (2) contain no more than three-tenths of a percent (0.3%) total Delta-9-Tetrahydrocannabinol concentration; (3) except for flower products or topical products, contain a ratio of CBD to THC that is 15:1 or higher, provided however, if CBD is not the primary marketed cannabinoid, the sum of cannabinoids excluding THC must have a ratio of 15:1 THC or higher; (4) not contain liquor, wine, beer, cider or meet the definition of an alcoholic beverage as defined in section 3 of the Alcohol Beverage Control Law; (5) not contain tobacco or nicotine in the product; (6) not be in the form of an injectable, inhaler, product including cigarette, cigar or pre-roll, or any other disallowed form as determined by the office; (7) accurately reflect testing results and not contain less than 80 percent or more than 120 percent of the concentration of total cannabinoid content as listed on the product label; (8) comply with packaging and labeling standards in section 114.9 of this Part; (9) be prepackaged and not added to food or any other consumable products at the point of sale; (10) comply with product testing standards in section 114.10 of this Part; and (11) not contain synthetic cannabinoids, artificially derived cannabinoids, or cannabinoids created through isomerization, including, but not limited to, Delta-8-tetrahydrocannabinol and Delta-10-tetrahydrocannabinol. (b) All cannabinoid hemp products distributed or offered for retail sale in New York State shall meet the following additional requirements: (1) if the cannabinoid hemp product is an orally consumed product it shall not contain more than: (i) 10 milligrams total THC per package, with no more than 1 milligram total THC per serving; and (ii) 3,000 milligrams of total cannabinoids per package, with no more than 100 milligrams of total cannabinoids per individual serving, provided however, if the orally consumed product is in the form of a tincture it shall not contain more than: (a) 100 milligrams of total THC per package; and (b) 4,000 milligrams of cannabinoids per package. (2) for cannabinoid hemp products other than flower products, topical products, orally consumed products, or concentrated cannabinoid hemp products, cannabinoid hemp product information must be submitted for review and approval to the office prior to making the product available for sale to retailers and consumers. (d) All concentrated cannabinoid hemp products intended for inhalation or vaporization shall meet the following additional requirements: (1) be a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged; (2) electronic vaporization devices shall have internal or external temperature controls to prevent combustion and have a heating element made of inert material such as glass, ceramic or stainless steel and not plastic or rubber; (3) except for hemp-derived terpenes, excipients and ingredients must be pharmaceutical grade unless otherwise approved by the office, and shall not include: (i) synthetic terpenes; (ii) polyethylene glycol (PEG); (iii) vitamin E acetate; (iv) medium chain triglycerides (MCT oil); (v) medicinal compounds; (vi) illegal or controlled substances; (vii) artificial food coloring; (viii) benzoic acid; (ix) diketones; and (x) any other compound or ingredient as determined by the office in regulation; (4) not contain any flavors or flavoring agents, except for hemp-derived terpenes; and (5) include an office approved symbol, as set out in future regulation, in a manner that is clear and conspicuous.
678812914c6ddf1dNew York Cannabis Law, Article 5, Section 90 (Definitions): 2. "Cannabinoid hemp" means any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than three tenths of one percent delta-9 tetrahydrocannabinol. 4. "Hemp" means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis. It shall not include "medical cannabis" as defined in section three of this chapter. 9 NYCRR 114.8 Cannabinoid hemp product requirements. (a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall: (1) be manufactured in accordance with Parts 101, 111 or 117 of Title 21 of the Code of Federal Regulations, as appropriate for the type of product being manufactured and as otherwise determined appropriate by the office in guidance or future regulation. (2) contain no more than three-tenths of a percent (0.3%) total delta-9-Tetrahydrocannabinol concentration; (3) except for flower products or topical products, contain a ratio of CBD to THC that is 15:1 or higher, provided however, if CBD is not the primary marketed cannabinoid, the sum of cannabinoids excluding THC must have a ratio of 15:1 THC or higher; (4) not contain liquor, wine, beer, cider or meet the definition of an alcoholic beverage as defined in section 3 of the Alcohol Beverage Control Law; (5) not contain tobacco or nicotine in the product; (6) not be in the form of an injectable, inhaler, product including cigarette, cigar or pre-roll, or any other disallowed form as determined by the office; (7) accurately reflect testing results and not contain less than 80 percent or more than 120 percent of the concentration of total cannabinoid content as listed on the product label; (8) comply with packaging and labeling standards in section 114.9 of this Part; (9) be prepackaged and not added to food or any other consumable products at the point of sale; (10) comply with product testing standards in section 114.10 of this Part; and (11) not contain synthetic cannabinoids, artificially derived cannabinoids, or cannabinoids created through isomerization, including, but not limited to, delta-8-tetrahydrocannabinol and delta-10-tetrahydrocannabinol. 9 NYCRR 114.7 Requirements for Cannabinoid Hemp Processors. (a) A cannabinoid hemp processor shall: (11) not use synthetic cannabinoids, artificially derived cannabinoids, or delta-8-tetrahydrocannabinol or delta-10-tetrahydrocannabinol created through isomerization, in the extraction or manufacturing of any cannabinoid hemp products.
a02e4f63c7433f302. "Cannabinoid hemp" means any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than three tenths of one percent delta-9 tetrahydrocannabinol. 4. "Hemp" means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis. It shall not include "medical cannabis" as defined in section three of this chapter. 5. "Hemp extract" means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the board in regulation.
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