New York banned delta 8 and delta 10 under the new hemp industry regulations released on May 19.

New York’s Department of Health (DOH), which will soon be the Cannabis Control Board; also updated the regulations and standards for producing, distributing, and selling hemp cannabinoid products.

The DOH clarified that hemp-derived cannabinoid products may “not contain synthetic cannabinoids or cannabinoids created through isomerization.”

The DOH will require licensure for anyone that manufactures, distributes, and sells hemp products into the state. In addition, they made it clear that regardless of whether a business is distributing hemp products manufactured out-of-state to in-state retailers; out-of-state distributors must also have a license with the DOH.

They even clarified that online retailers who sell hemp products to a New York resident, “conducting no separate and distinct business within the State of New York,” must also be licensed with the DOH.

Updated Regulations for Hemp

Under the new regulations, the application fee for hemp producers who process cannabinoids is $1,000. For those seeking to manufacture hemp products, there will be a $500 application fee. In addition, retailers will have to pay $300 for a license fee per location.

The guidelines will also require manufacturers to show evidence of a good manufacturing practice audit.

New York recently legalized recreational marijuana, but they established some of the nation’s strictest rules on CBD and derivatives from hemp. The most recent updated regulations are a total of 111 pages. As a result, some businesses are pulling out of New York to sell delta 8 products. 

Other states that banned delta 8 include Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, North Dakota, Rhode Island, Utah, and Vermont. In addition, Washington State placed a temporary ban on delta 8, and Michigan established regulations for delta 8.

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