Are THC Drinks Legal in New York? (2026)
As of November 12, 2026, hemp-derived delta-9 THC drinks are legal to sell at retail with restrictions in New York. Limit on file: 10 mg total THC per package.
Verified November 12, 2026 · confidence: confirmedAre THC drinks legal? Every state
- Tier
- concentration cap
- Limit
- 10 mg total THC per package (mg per container)
What the record says
New York's Office of Cannabis Management rules limit cannabinoid hemp beverages to a single serving per package and apply the orally consumed product potency limit of no more than 0.3 percent delta-9 THC, 1 milligram of THC per serving and 10 milligrams per package, with a 15 to 1 ratio of non-THC cannabinoids to THC and sale only to consumers 21 and over; for a single-serving beverage the cap is therefore 1 milligram per container. Retail sale of hemp-derived Delta-9 THC beverages in New York is restricted, and the 1 milligram per container cap is effectively prohibitive for a dosed beverage at general retail.
Controlling language, verbatim
Section 114.8 Cannabinoid hemp product requirements (a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall: ... (2) contain no more than three-tenths of a percent (0.3%) total Δ9-Tetrahydrocannabinol concentration; ... (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; ... (b) ... (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
Citations
- 9 NYCRR 114.8 (adopted express terms, Dec. 2023) (New York Office of Cannabis Management, 2026-11-01) PRIMARYOFFICIAL
- New York Cannabis Law, Article 5 (Cannabinoid Hemp and Hemp Extract), Section 90 (Definitions) (New York State Senate (Open Legislation), 2021-04-09) PRIMARYOFFICIAL
- 9 NYCRR Part 114 -- Cannabinoid Hemp; Permitted and Prohibited Cannabinoid Hemp Product Forms Guidance Document (New York State Office of Cannabis Management, 2024-10-07) PRIMARYOFFICIAL
Federal
Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail
THC drinks across the country
Neighboring states
- THC drinks in Connecticut Restricted
- THC drinks in Massachusetts Restricted
- THC drinks in New Jersey Restricted
- THC drinks in Pennsylvania Gray area
- THC drinks in Vermont Restricted
Related
- Delta-9 THC in New York: every form
- THC ban in New York
- Every compound in New York
- THC drink brands on file (5)
Cite this page
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.
About · Methodology · Glossary · Changes · RSS · Data licensing · llms.txt · Sitemap