NY is Banning Delta-8 | Here's what you need to know!
On June 6th, 2021, NYS issued some proposed amendments & alterations to the current hemp and cannabis laws. These amendments add a new Part 1005 to Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York, regulating the processing and retail sale of cannabinoid hemp in New York State.
You can read the complete changes here: NYS Hemp Proposals.
NY is banning Hemp-Derived Delta-8-THC
The proposed rule changes put forth an outright ban on hemp-derived Delta-8-THC, Delta-10-THC, and any other cannabinoids "made through isomerization." They do not clearly define isomerization, but a definition from Wikipedia states;
"In chemistry isomerization or isomerisation is the process in which a molecule, ion or molecular fragment is transformed into an isomer with a different chemical structure."
NY will now be defining delta-8-THC and delta-10-THC products as actual cannabis and no longer hemp. Which means they aren't illegal to possess, but they would not be allowed to be sold by hemp companies or other typical retailers, only licensed cannabis dispensaries. (Which they have not issued any licenses for yet)
From the publication;
"COMMENT: A comment was received seeking to clarify the status of Δ8-Tetrahydrocannabinol products, which are not expressly mentioned in the proposed regulation, and whether such products are prohibited.
RESPONSE: The regulation has been amended to prohibit the use of Δ8-Tetrahydrocannabinol created through isomerization in the processing of cannabinoid hemp products."
When will this NYS Ban on Delta-8 go into effect?
These proposals are not in effect just yet and are under the "public comment period."
The comment period ends 07/19/2021, and this will likely pass - it is still unknown if this will be the date that NY companies will have to stop selling Delta-8 and Delta-10 THC products or if there is any will be a grace period.
So what does the NYS ban on Delta-8-THC mean for Bearly Legal?
NY CUSTOMERS: Unfortunately, this would make Bearly Legal Delta-8 Products in NY State illegal for us to sell as a "hemp product" when this goes into effect. This includes our new Delta 8 Cigarettes as well as our ever popular Delta 8 Tanks.
However, we are working on sourcing Delta-8 Extract from new hemp genetics grown with high levels of naturally occurring delta-8-THC, which would be legal under the current definition. This may still be a-ways out.
OTHER STATES: As long as your state or municipality has not passed any similar bans or ordinances, then we will continue to sell and ship products into your state!
Isn't Bearly Legal based in NY, though?
Yes, we are! But not for long!
We are currently in the process of moving our facilities to a state-of-the-art facility located off route 81 near Scranton, PA. This new facility will house our new processing & manufacturing center, R&D Labs, sales, warehouse, and logistics (all under one roof).
We look at every problem as an opportunity in disguise, and while this isn't great news for NYS, this is our opportunity to upgrade our facilities as we continue to build the #1 Hemp Brand in the USA, Bearly Legal.
What about pending orders in NY? Or orders that haven't been shipped or delivered yet?
- We will continue to sell into NYS as long as we can. Right now, it's still perfectly legal.
- July 19th is the end of the public comment period.
- We may have to stop selling on this date.
- We may have a grace period to continue.
- The best-case scenario looks like this may go into effect at the end of August.
- If there are pending customer orders for NYS after the date that this ban goes into effect. We will issue full refunds for all those customers & orders, no questions asked.
What about THC-O-Acetate and THCP Legality in NYS?
This is a great question. Unfortunately we are not entirely sure yet how THC-O-Acetate will play out with these new regulations. We do have our legal team reviewing the proposed rules and if there is a way to sell in NY, we will find it.