Delta 8 THC Guide | New York Edition

Published March 16, 2022
Delta 8 THC Guide | New York Edition - Secret Nature

Let’s start by facing the facts: New York State is not the best place to be if you want to try the benefits of delta 8 THC. In May of 2021, New York passed a temporary bill banning the sale of delta 8 THC, and in November of the same year, this rule became permanent.

Most notably, however, this bill only bans the sale of delta 8 products within New York State—not purchasing them online or having them in your possession. In this guide, we’ll explain all the details regarding buying and using delta 8 in New York, and we’ll also cover everything you need to know about all the rest of the popular cannabinoids now available online.

New York cannabinoid laws

Generally, cannabinoid laws in the state of New York are highly permissive. The state is in the process of launching a recreational cannabis program to complement its existing medical cannabis laws.

Already facing competition from black-market dealers who often offer better weed for lower prices, New York regulators were further chagrined by the reduction of tax dollars that occurred as delta 8 became popular on the internet. New Yorkers now have access to a product essentially identical to weed that they can buy online.

As a result, New York has moved to restrict interstate delta 8 commerce while promoting its state-run cannabis programs. Non-intoxicating cannabinoids that don’t directly compete with the state’s cannabis markets, though, have largely been left alone.


The first hemp cannabinoid to rise to popularity, CBD is protected under the 2018 Farm Bill, which stipulates that all cannabinoids aside from delta 9 THC be designated “industrial hemp” and removed from the federal list of Schedule I drugs.

This same piece of legislation applies to CBG, CBN, CBC, and even delta 8 unless otherwise specified by state or local laws. New York State’s laws regarding CBD mostly conform with the federal government’s positions, but CBD is not allowed in food or beverages.

Delta 8

It is illegal to sell products containing delta 8 THC in the state of New York. This state has not made it illegal to possess delta 8 or have it shipped to New York from other states. As a result, these delta 8 regulations mainly affect business owners based within New York who want to sell delta 8 products, not individual consumers seeking to purchase delta 8 online or use it discreetly in their own homes.


New York State currently operates a reasonably successful medical cannabis program. In 2021, the governor of New York ratified a bill establishing a recreational cannabis program in the state.

This program is set to go into operation in late 2022 or early 2023 as producers and retailers acquire necessary licensing. Even though you cannot yet buy recreational weed in New York State, it is nonetheless now legal for residents and visitors over the age of 21 to possess and use cannabis products.


The state of New York does not have any laws or regulations specifically pertaining to the non-intoxicating hemp cannabinoid cannabigerol (CBG) at this time. As a result, regulations regarding CBG revert to the federal level, at which this substance is generally regarded as industrial hemp—the same as CBD.


Likewise, there are no laws in New York pertaining specifically to cannabinol (CBN), a metabolite of THC that is decidedly non-intoxicating despite offering more potent psychoactive properties than other hemp cannabinoids. Since this cannabinoid is rare and offers little competition with New York’s medical or recreational cannabis programs, it is unlikely that the state will deem it necessary to specifically regulate CBN anytime in the near future.


From a scientific perspective, cannabichromene (CBC) is a fascinating cannabinoid that scientists are starting to realize plays a very important role in the synthesis of certain rare—yet highly desirable—cannabis compounds. From an economic perspective, however, CBC plays practically zero role in the evolving New York cannabis industry. As a result, New York lawmakers have not put forward any legislation specifically intended to regulate CBC.

Delta 8, 9, 10, & 11 compared

The state of New York may treat the different forms of THC in very different ways, but how exactly are delta 8 and delta 9 different on a rational, factual level? For that matter, what about delta 10 and delta 11 THC, both of which have gotten more popular in New York since the delta 8 ban?

In this section, we’ll compare and contrast the various forms of THC that you might find on shelves in New York brick-and-mortar shops or in online stores servicing the whole nation. Let’s begin with delta 8:

What is delta 8 THC?

Like all the other forms of THC we’re about to list, delta 8 is a naturally occurring cannabinoid that is very similar to delta 9 THC despite having a distinct chemical structure. It is this distinct structure that has allowed the delta 8 THC industry to flourish online regardless of the fact that casual users have a hard time distinguishing between the effects of delta 8 and delta 9. The main difference between these two forms of THC is that many users describe delta 8 eight as inducing less paranoia and anxiety.

What is delta 9 THC?

The conventional form of THC, delta-9 tetrahydrocannabinol is also this cannabinoid‘s most tightly regulated version. Delta 9 remains a Schedule I drug on the federal level despite many states across the country voting to make cannabis containing delta 9 THC legal for adult use irrespective of medical authorization. In delta 8 and other “alternative” forms of THC, users are mainly looking for a substitute for delta 9 products, which often offer inferior quality despite costing more and being less available.

What is delta 10 THC?

The “alternative to the alternative,” delta 10 THC conveniently started getting popular right around the time New York and other states moved to make delta 8 less accessible to their residents. If we’re still largely in the dark when it comes to delta 8, scientists are practically clueless about the delta 10 form of THC—its effects, benefits, side effects, etcetera. All we know for sure is that the availability of delta 10 has circumvented the efforts of lawmakers in New York to tamp down on the Big Apple’s “hemp THC” industry.

What is delta 11 THC?

Yes, THC also has a delta 11 form, and it’s possible to buy delta 11 products on the internet. We’ll need to wait for more research to come in to be sure, but it seems at this point that all the different forms of THC have roughly comparable effects. As such, it’s unclear which additional benefits delta 11 THC may bring to the table except perhaps as another backup if even delta 10 becomes banned in certain places as well.

What are the effects of delta 8?

Users report that the effects of delta 8 are similar enough to the effects of the conventional form of THC to serve as a satisfying substitute. Habitual users will begin to notice over the days and weeks, however, that delta 8 and delta 9 are not exactly the same.

Missing from the delta 8 experience are the mood swings and personality changes that can sometimes make using delta 9 unsustainable. Overall, the effects of delta 8 are usually reported as being “chiller” than those of delta 9, making this cannabinoid excellent to pair with indica-leaning terpene profiles.

Does delta 8 boost other cannabinoids?

Theoretically, delta 8 should boost the potency of other cannabinoids when they are used together. For decades, cannabis scientists have speculated that an entourage effect may explain why cannabis compounds appear to offer increased potency when used together. If for no other reason, you may want to add delta 8 to your daily cannabis routine simply to capture the benefits of this potential synergy.

Will delta 8 show up on a drug test?

Yes, delta 8 will show up on a drug test for THC the same as any other form of THC. The reason CBD, CBG and other hemp cannabinoids don’t show up on drug tests is that their chemical structures are completely different from THC. Even though its chemical bonds may be slightly switched around, delta 8 THC is still THC. Therefore, using this cannabinoid could put you at risk for failing a drug test for cannabis—though such tests are becoming increasingly rare in New York State.

What are the best delta 8 products to buy in New York?

Secret Nature is the nation's most trusted producer of hemp products containing CBD, CBG, delta 8, THCV and a whole host of other cannabinoids derived from organic, indoor-grown plants. Having received more than 10,000 verified 5-star reviews and offering batch-specific third-party lab reports with every product, Secret Nature delta 8 products contain natural ingredients like live resin cannabis terpenes to enhance your cannabinoid experience. Proudly shipping to New York and all 49 other states, Secret Nature orders are fulfilled quickly and discreetly with optional package protection offered.

Delta 8 New York FAQ

Let’s finish up with some of the commonly asked questions regarding buying and using delta 8 in New York State:

1. Can I ship delta 8 to New York?

Yes, delta 8 products are shipped successfully to addresses in New York State every day. New York’s recent ban on delta 8 pertains to sales of this cannabinoid within the state, not online sales or individual use and possession.

2. Is delta 8 legal in New York City?

It is illegal to sell delta 8 THC products in New York City or anywhere else in the state of New York. The state has not made any laws regarding the use or possession of this THC alternative, though.

3. Is delta 8 legal in Buffalo?

The city of Buffalo, NY, has not made any regulations curtailing the sale of delta 8 THC any further than the dictates of the statewide D8 “ban.”

4. Is delta 8 legal in Rochester?

Delta 8 products have the same legal status in Rochester as they do anywhere else in New York State—in-state sales are banned, but Rochester residents continue to buy delta 8 online.

5. Is delta 8 legal in Syracuse?

The city of Syracuse in upstate New York has not put in place any specific bans targeting delta 8 THC. As a result, positions on delta 8 in Syracuse revert to the state’s overall position.

6. Is delta 8 legal in Albany?

New York’s state capital in Albany has not put forward its own bans on delta 8—even though the State Assembly in Albany is where representatives voted to ban delta 8 sales statewide.

7. Do delta 8 products have lab tests?

Yes, all reputable delta 8 THC products come with independent, third-party lab reports specific to the product’s batch. If delta 8 products are not equipped with third-party lab reports, their quality and safety may be in question.

8. Is Secret Nature delta 8 safe?

Secret Nature delta 8 products have received thousands of verified five-star reviews. They come with third-party, batch-specific lab reports, and they feature the best CO2-extracted hemp concentrate and live resin cannabis terpenes on the market. Out of all the online delta 8 products New Yorkers have to choose from, Secret Nature D8 contains the best ingredients and comes the most highly recommended.

9. What are the best Secret Nature delta 8 products?

Secret Nature’s most popular delta 8 products include the brand’s line of vape products and delta 8-infused live resin. The Super 8 Delta 8 THC Vape Cartridge is available with OG Kush, Mimosa, GG#4, or Forbidden Fruit live resin terpenes, and Secret Nature Delta 8 Live Resin is available in the strains Slurricane, GG#4, and Sour Diesel.
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