Is Delta-10 THC Legal in New York? (2026)

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

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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.

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

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2026-10-07

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(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.

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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

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(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.

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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

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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.

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

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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.

Instrument

Definitions -- Cannabinoid hemp; Hemp

Source

https://www.nysenate.gov/legislation/laws/CAN/90

Retrieved

2026-07-18

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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.