New York

Last updated July 7, 2026 AI-drafted — pending review

New York regulates hemp-derived cannabinoid products through the Office of Cannabis Management (OCM) under 9 NYCRR Part 114/1005 (Cannabinoid Hemp Program). Intoxicating cannabinoids are prohibited from the hemp framework — delta-8, delta-10, HHC, THCP, THCB, and all synthetic or isomerized cannabinoids are explicitly banned. Beverages are limited to ≤25mg total cannabinoids per package with a single-serving-per-container rule. Intoxicating THC beverages must be sold through OCM-licensed cannabis dispensaries, not hemp retailers.

Status

Blocked

DTC shipping

Permitted for licensed cannabinoid hemp retailers selling compliant products; intoxicating hemp beverages routed to OCM cannabis dispensary channel

Serving cap

Beverages: 1 serving per package (single-can rule); ≤25mg total cannabinoids per product

Container cap

≤25mg total cannabinoids per package for food/beverages; multi-packs (e.g. 6-pack of single-serving cans) permitted

Age gate

21+

License

Required — Cannabinoid Hemp Retail License ($300/location, 1-year); Processor License ($3,500 extracting or $1,000 manufacturing-only, 2-year); GMP audit + product liability insurance required

Regulator

New York State Office of Cannabis Management (OCM) — Cannabinoid Hemp Program; New York Department of Agriculture and Markets — industrial hemp cultivation

Current rule effective

November 22, 2021

Next known change — in 117 days

November 12, 2026 — Federal P.L. 119-37 § 781 takes effect. OCM has published guidance stating New York is already substantially aligned with the federal total-THC standard; limited state adaptation expected.

Federal alignment (P.L. 119-37 § 781)

Stricter than federal New York banned synthetic and intoxicating hemp cannabinoids ahead of federal action. OCM's Nov 2025 FAQ characterizes New York as already substantially aligned with P.L. 119-37 §781 — limited adaptation expected at the Nov 12 cliff.

Retail channels

OCM-licensed Cannabinoid Hemp Retailers: non-intoxicating hemp products (CBD, etc.) with ≤25mg total cannabinoids/package
OCM-licensed Adult-Use Cannabis Dispensaries: intoxicating THC beverages (regulated separately under MRTA, not the hemp program)
Convenience/grocery: prohibited without Cannabinoid Hemp Retail License
Online: permitted from licensed retailers for compliant products
Prohibited product forms: pre-rolls/cigarettes/cigars, injectables, inhalers, alcohol combinations, synthetic cannabinoids

Statutes & bills cited

Marihuana Regulation and Taxation Act (MRTA) — 2021
New York Cannabis Law — codified framework
9 NYCRR Part 114 (Cannabinoid Hemp Program regulations)
9 NYCRR §114.8 — cannabinoid hemp product requirements
9 NYCRR §1005.8 — retail product requirements
9 NYCRR §1005.11 — retailer conduct

New York’s approach to hemp-derived cannabinoids is unusually restrictive. The Cannabinoid Hemp Program, established under the 2021 Marihuana Regulation and Taxation Act (MRTA), pushes intoxicating cannabinoids into the state’s licensed adult-use cannabis system rather than allowing them in the hemp retail channel. Delta-8, delta-10, HHC, THCP, THCB, and all cannabinoids created through synthesis or isomerization are explicitly prohibited from cannabinoid hemp products (9 NYCRR §114.8(11), §1005.8). For hemp-derived beverages that comply — meaning CBD-dominant or trace-THC products under the 25mg total cannabinoid cap — sale requires a Cannabinoid Hemp Retail License at $300/location per year, and beverages must be packaged as single servings (though multi-packs of single-serving cans are permitted). Adult-use cannabis dispensaries, licensed separately under MRTA, are the legal channel for intoxicating THC beverages. This structural choice puts New York substantially ahead of the Nov 12, 2026 federal cliff — OCM’s November 2025 guidance FAQ signals limited state-level adaptation will be needed when P.L. 119-37 §781 takes effect.

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Sources

This state summary has not yet been reviewed by counsel. Verify with your attorney before making commercial decisions.

Active bills

Legislation to watch

S05750 — S05750 — Relates to the packaging of cannabis and industrial hemp products; requires the cannabis control board to develop strategic plans detailing the packaging and labeling requirements to be used prior to the retail sale of any cannabis or cannabis product; establishes a sustainable cannabis packaging incubator program. — · 2026-01-07 A00977 — A00977 — Limits the potency of cannabis flower to 15 percent THC in flowers and 25 percent THC in other cannabis or hemp products. — · 2026-01-07 S08575 — Enacts the “hemp beverage and taxation act”; defines cannabinoid hemp beverage; prohibits the sale of cannabinoid hemp beverages… From LegiScan (migrated) S08575 — S08575 — Enacts the “hemp beverage and taxation act”; defines cannabinoid hemp beverage; prohibits the sale of cannabinoid hemp beverages to persons twenty-one years of age or older; provides requirements for the product or labeling of such products; provides for offenses for persons under the age of twenty-one years who purchase or attempt to purchase a cannabinoid hemp beverage through fraudulent means and persons who procure such beverages for persons under the age of twenty-one years; imposes advertising requirements; imposes a tax on cannabinoid hemp products; provides for the disbursement of revenues collected pursuant to Article 20-e of the Tax Law. — · 2026-01-07