As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as capsule / tablet. Hemp Delta-9 capsule - restricted. The limit is 10 mg total THC per package (mg per container). Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as beverage. Hemp Delta-9 drink - restricted. The limit is 10 mg total THC per package (mg per container). Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as edible / ingestible. Hemp Delta-9 edible - restricted. The limit is 10 mg total THC per package (mg per container). Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedHemp Flower Product (flower/buds/leaves/stems with minimal processing) is permitted for retail sale to consumers 21+ at <=0.3% delta-9 THC concentration, with NO 15:1 ratio requirement and no per-serving mg cap in the official product-forms guidance -- the least restricted delta-9-relevant form in NY. Pre-rolls, cigarettes, cigars, and any form packaged with rolling papers/pipes to facilitate smoking are separately prohibited product forms. NY regulates on a delta-9-only basis at the statutory retail-packaging level (<=0.3% delta-9 THC) but layers on a 15:1 non-THC-cannabinoid-to-THC ratio for concentrates/inhalables and orally-consumed products, plus a hard 1mg/serving-10mg/package ceiling -- together these make any product formulated primarily for its delta-9 THC content (rather than as a CBD product with incidental trace delta-9) effectively non-compliant in every ingestible/inhalable form except minimally-processed flower and topicals, which lack the ratio and mg-cap requirements in current OCM guidance.
All concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in New York as other. Hemp Delta-9 other - illegal. Effective 2021-11-24. Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as powder / bulk. Hemp Delta-9 powder - restricted. The limit is 10 mg total THC per package (mg per container). Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedNot addressed in the OCM cannabinoid hemp retail product-forms guidance; raw agricultural hemp/biomass intended for further processing is governed separately under NY Agriculture and Markets Law Article 29, outside the Office of Cannabis Management's Part 114 consumer-product rules. NY regulates on a delta-9-only basis at the statutory retail-packaging level (<=0.3% delta-9 THC) but layers on a 15:1 non-THC-cannabinoid-to-THC ratio for concentrates/inhalables and orally-consumed products, plus a hard 1mg/serving-10mg/package ceiling -- together these make any product formulated primarily for its delta-9 THC content (rather than as a CBD product with incidental trace delta-9) effectively non-compliant in every ingestible/inhalable form except minimally-processed flower and topicals, which lack the ratio and mg-cap requirements in current OCM guidance.
All concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as tincture / sublingual. Hemp Delta-9 tincture - restricted. The limit is 10 mg total THC per package (mg per container). Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedAll concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
As of October 15, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in New York as topical. Hemp Delta-9 topical - restricted. Controlling source: New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions).
Verified October 15, 2026 (hash check) · confidence: confirmedHemp Topical Product (applied externally to skin, excludes FDA-defined cosmetics) permitted at <=0.3% delta-9 THC with no mg cap or ratio requirement specified in OCM guidance; licensure still required. NY regulates on a delta-9-only basis at the statutory retail-packaging level (<=0.3% delta-9 THC) but layers on a 15:1 non-THC-cannabinoid-to-THC ratio for concentrates/inhalables and orally-consumed products, plus a hard 1mg/serving-10mg/package ceiling -- together these make any product formulated primarily for its delta-9 THC content (rather than as a CBD product with incidental trace delta-9) effectively non-compliant in every ingestible/inhalable form except minimally-processed flower and topicals, which lack the ratio and mg-cap requirements in current OCM guidance.
All concentrated cannabinoid hemp products intended for inhalation or vaporization, for retail sale to consumers twenty-one years of age or older must be in a closed system with a pre-filled disposable cartridge that attaches to a rechargeable battery, or a single-use product that cannot be recharged. Orally Consumed Cannabinoid Hemp Product potency limit: less than or equal to 0.3% Delta-9-THC concentration; 1 milligram THC per serving and 10 milligrams THC per package.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Vape / inhalable | Restricted | Hemp Delta-9 vape - restricted | 2026-10-15 |
| Capsule / tablet | Restricted | Hemp Delta-9 capsule - restricted | 2026-10-15 |
| Beverage | Restricted | Hemp Delta-9 drink - restricted | 2026-10-15 |
| Edible / ingestible | Restricted | Hemp Delta-9 edible - restricted | 2026-10-15 |
| Flower / raw plant | Restricted | Hemp Delta-9 flower - restricted | 2026-10-15 |
| Other | Illegal | Hemp Delta-9 other - illegal | 2026-10-15 |
| Powder / bulk | Restricted | Hemp Delta-9 powder - restricted | 2026-10-15 |
| Raw material / RUO | Restricted | Hemp Delta-9 raw material - restricted | 2026-10-15 |
| Tincture / sublingual | Restricted | Hemp Delta-9 tincture - restricted | 2026-10-15 |
| Topical | Restricted | Hemp Delta-9 topical - restricted | 2026-10-15 |
Among New York's 5 neighbors, Vermont is illegal; Connecticut and New Jersey are restricted; Massachusetts and Pennsylvania are gray area.
Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in New York
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail
6 instruments on file for this compound's framework in New York; 31 of 31 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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