This communication is to update applicants on the treatment of Delta-8 THC and Delta-10 THC in the Cannabinoid Hemp Program. Delta-8-THC and Delta-10 THC are psychoactive compounds (similar to Delta-9 THC) which only occur naturally in very small amounts in the hemp plant. The natural concentration of Delta-8 THC and Delta-10 THC is so low that it is unlikely to have any intoxicating effects on a consumer. However, Delta-8 THC and Delta-10 THC can be synthesized from hemp through chemical extraction and conversion processes which isomerize other cannabinoids found in the hemp plant. The revised regulations prohibit the manufacture and sale of Delta-8 THC and Delta-10 THC products created through isomerization. The regulations are proposed and subject to public comment until July 17th, 2021. After such time, the Department will assess all comments and if no further changes are necessary, adopt the regulations as written, at which time the prohibition on products manufactured with Delta-8 THC and Delta-10 THC created through isomerization will be effective immediately.
You can find the revised cannabinoid hemp regulations here: https://regs.health.ny.gov/sites/default/files/proposed-regulations/Cannabinoid%20Hemp_0.pdf. If you would like to make any comments regarding the proposed cannabinoid hemp regulations, they must be directed to the New York State Department of Health Regulatory Affairs Unit at the following email address: [email protected]. An additional communication will be sent out when final regulations are filed for adoption and are effective.