Is CBN (Cannabinol) Legal in New York? (2026)

Restricted

As of October 9, 2026, CBN (Cannabinol) is legal to sell at retail with restrictions in New York. CBN named as a recognized hemp cannabinoid (9 NYCRR 114.1(d)), but Part 114 bars artificially-derived/isomerized cannabinoids and imposes ca. The limit is 1 mg total THC/serving (10 mg/package) (mg per serving). Controlling source: 9 NYCRR Part 114 (Cannabinoid Hemp; CBN listed; artificially-derived ban; caps).

Verified October 9, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
1 mg total THC/serving (10 mg/package) (mg per serving)
Effective
2023-12-13
Effectively prohibitive
9 NYCRR 114.8(a)(11) prohibits cannabinoid hemp products that 'contain synthetic cannabinoids, artificially derived cannabinoids, or cannabinoids created through isomerization', and 114.7(a)(11) bars their use in manufacturing. CONVERTED/artificially-derived CBN - the dominant commercial route - is barred; only naturally hemp-extracted CBN is permitted under the Part 114 caps.

Controlling language, verbatim

9 NYCRR 114.1(d): "Cannabinoids means any hemp-derived phytocannabinoid, including but not limited to,...cannabinol (CBN)...Cannabinoids do not include synthetic cannabinoids..." 9 NYCRR 114.8(a)(11): cannabinoid hemp products shall "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 114.8(b)(1): orally consumed products "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...per individual serving..."

Source of excerpt

Citations

  1. 9 NYCRR Part 114 (Cannabinoid Hemp; CBN listed; artificially-derived ban; caps) (New York Office of Cannabis Management) PRIMARYOFFICIAL
  2. PHL Sec. 3306 Sch. I (synthetic THC; cannabimimetic agents) (New York State Senate)OFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Where CBN (Cannabinol) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among New York's 5 neighbors, Connecticut, Massachusetts and New Jersey are restricted; Pennsylvania and Vermont are legal.

Open the interactive map · Every compound in New York

Federal posture

Not federally scheduled. CBN (cannabinol) - not federally scheduled; hemp-derived CBN sits inside the hemp definition Federal detail

Verbatim law on file for New York

6 instruments on file for this compound's framework in New York; 2 of 2 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

9 NYCRR 114.8(a)(6); 114.16(a) · 9 NYCRR 114.8(a)(6); 114.16(a)OFFICIAL
Instrument
9 NYCRR 114.8(a)(6); 114.16(a)
Source
https://cannabis.ny.gov/system/files/documents/2023/11/part-114-cannabinoid-hemp-regulations_1.pdf
Retrieved
2026-10-08
Fingerprint
f47e8d7ef506baff
9 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.
9 NYCRR 114.8(d) · Cannabinoid hemp product requirements: inhalable productsOFFICIAL
Instrument
Cannabinoid hemp product requirements: inhalable products
Source
https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf
Retrieved
2026-10-07
Fingerprint
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.
9 NYCRR Sec. 114.1 (Cannabinoid Hemp - Definitions), subds. (d), (u) · 9 NYCRR Part 114 (Cannabinoid Hemp) Section 114.1 Definitions - 'Cannabinoids' (synthetic exclusion) and 'Hemp'OFFICIAL
Instrument
9 NYCRR Part 114 (Cannabinoid Hemp) Section 114.1 Definitions - 'Cannabinoids' (synthetic exclusion) and 'Hemp'
Source
https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf
Retrieved
2026-07-02
Fingerprint
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.
9 NYCRR Sec. 114.8 (Cannabinoid hemp product requirements), subds. (a) and (b) · 9 NYCRR Part 114 (Cannabinoid Hemp) Section 114.8 - Cannabinoid hemp product requirements (artificially-derived/synthetic/isomerization ban, inhaler/injectable form ban, total-THC mg caps, vape closed-system rule)OFFICIAL
Instrument
9 NYCRR Part 114 (Cannabinoid Hemp) Section 114.8 - Cannabinoid hemp product requirements (artificially-derived/synthetic/isomerization ban, inhaler/injectable form ban, total-THC mg caps, vape closed-system rule)
Source
https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf
Retrieved
2026-07-02
Fingerprint
7ac83c2c7540187e
Section 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.
New York Cannabis Law Article 5, Section 90; 9 NYCRR 114.8(a); 9 NYCRR 114.7(a)(11) · Definitions; Cannabinoid hemp product requirements (no synthetic/artificially derived cannabinoids); Processor prohibitionOFFICIAL
Instrument
Definitions; Cannabinoid hemp product requirements (no synthetic/artificially derived cannabinoids); Processor prohibition
Source
https://cannabis.ny.gov/system/files/documents/2024/01/part-114-exprs-trms-adopted-12-2023.pdf
Retrieved
2026-07-19
Fingerprint
678812914c6ddf1d
New 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.
New York Cannabis Law, Article 5, Section 90(2), (4) · Definitions -- Cannabinoid hemp; HempOFFICIAL
Instrument
Definitions -- Cannabinoid hemp; Hemp
Source
https://www.nysenate.gov/legislation/laws/CAN/90
Retrieved
2026-07-18
Fingerprint
a02e4f63c7433f30
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. 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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Cite this page

Compound Analytics. "Is CBN (Cannabinol) Legal in New York? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbn/new-york/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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