Home General Will New York Ban Delta 8 Vape Cartridges

Will New York Ban Delta 8 Vape Cartridges

Published: Last updated:
Reading Time: 4 minutes

The Delta 8 is a new type of industry that has gained overnight stardom. In the US, particularly in central New York, its use and sale are gaining momentum. People all over the nation like to use the best Delta 8 cartridges for health benefits.

However, in recent times New York is looking to join the group of states that has banned CBD. Colorado was the first to legalise Marijuana has also banned delta 8 with 11 more states (Arkansas, Alaska, Arizona, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah). But what is the controversy? Why is a hemp derivative facing challenges even after the farm law 2018?

The recent state health department regulations

The rising popularity of the best Delta 8 cartridges in the east coast hub of CBD encountered a speed breaker when the state health department proposed regulation in May 2021. As a result, Empire CBD, a company with over six stores working in New York, has decided to shift its operation to Florida. Over the past year, delta-8 has become their top-selling product. 

Its owner, Yardley Burgess, said: ‘There is no way I can keep it going in New York.’ He also signified that it was after he started selling delta-8, his business grew. He further added: ‘It’s one atom off (the Marijuana THC). You could say it’s a loophole, but it does have a different effect,’ referring to the difference between Delta 8 and Delta 9 THC. 

In fact, from April 1st, New York has legalised marijuana for recreational purposes but only in small amounts, and the age bar is 21 and older. However, delta 8 is neither Marijuana nor CBD. It is something in between them. 

Issues with Delta 8 THC

The Farm Bill 2018 legalised all hemp derivatives, extracts, and hemp-derived cannabinoids. So, delta 8 THC, found in hemp flowers and derived from it, comes under the legal section. However, three fundamental problems create ambiguity. The Farm Bill was passed, by Congress, with a thought that hemp products and derivatives are non-intoxicating and benign but, delta 8 is intoxicating. 

However, Gary Comey, who runs a CBD and indoor gardening Shop in Rome and is also a legal Marijuana advocate, said: ‘It makes you feel good. Not high, but good.’ Burgess said: ‘It’s more of a body euphoria versus the head.’

Delta 8 is the border between CBD and marijuana. Therefore, it gives a psychotic effect less than delta 9 (the main ingredient in marijuana) and more than CBD (it does not provide any psychotic impact).

The second problem is, despite being different from Delta 9 THC, the delta 8 THC is present in the DEA’s list of regulated substances. 

The third one is, the amount of delta 8 THC present in hemp flowers is too little to extract and use. So most of the time, it is synthesised from hemp-derived CBD through a distillation and isolation process. 

The recent New York regulation bans the use of cannabinol and cannabinoids produced synthetically through isomerisation. It also particularly mentions the compound delta 8 THC and delta 10. Thus, the health department considers both of these as illegal synthetic products. 

However, there are various other sides of the story that you should know. The subsequent section discusses some of them.

The various sides of the coin

Here are the viewpoints of some people in the market that might help you understand the controversy even clearer.

Kim Stuck, a former member of the Denver city health department who was also among the first cannabis regulators of the nation, said: ‘This [cannabis in all its forms] is a brand new industry, so it takes time for the laws and regulations to catch up.’ Stuck now operates a firm, Allay, that provides assistance and advice to the people involved in the cannabis industry. She further added: ‘Today, it is Delta 8. Next week it might be something else. It creates an uncertain environment.’ She also specified that Delta 8 alters the perception of reality but is relatively milder than the THC present in marijuana (Delta 9).

Gary Comley in Rome was not surprised as one of his suppliers stopped the supply of Delta 8 THC after the New York regulations. However, his other suppliers from Texas and Austin continue the shipping claiming their delta 8 THC is hemp-derived and not made synthetically. She said: ‘If I can get it, and they tell me it’s not synthetic, then I’ll keep it as long as I can.’

According to David Feldman, a member of a law firm in New York and co-founder CEO of Skip Intro Advisors (a cannabis consulting institution), D8 is extracted from hemp. So, the defenders argue that it is legal, under Farm bill 2018, with low THC content. In an email to Leafy, he said: ‘But the state wants all cannabis products that are psychoactive to be regulated as such, whereas the regulation of hemp is focused on non-psychoactive capabilities. D-8 is psychoactive, though markedly less so than [the] typical delta-9 THC we normally see. And there are strong legal arguments that D-8 is indeed illegal under the Controlled Substances Act, even after the farm bill (though this is far from clear).’

According to Mary Bielaska, a cannabis business consultant, the NY officials have closely observed the Delta 8 THC controversy. She said: ‘I think someone did their homework.’ She further added: ‘Whoever drafted this legislation, I think they drafted it very purposefully. They are concerned about the safety of Delta 8 products for various reasons.’ She believes that the mission behind this regulation is to ensure that extracting delta 8 stays natural, without harmful contents.


Jay Barrios sold his Tesla stocks to set up a vape shop near Ft Lauderdale. When asked what he will do after the Delta 8 ban, he said he would find other legal hemp products. He said: ‘This helps people, bro. This isn’t for getting high.’ A commenter observed a similar reaction on a Facebook thread, Legal in CNY, handled by Comey. She posted: ‘The one thing I have found that helps me sleep through the night.’ The statement shows the need for Delta 8 in her life. Since the laws are forever changing, all you can do is wait and see what happens next. 

Helen Bradfield did her degree in psychology at the University of Edinburgh. She is interest in mental health and well-being.

© Copyright 2014–2034 Psychreg Ltd