New York Cannabis Regulators Ban Delta-8, THC-A, THC-O

New York cannabis regulators have finalized rules for intoxicating hemp products in the state, which include a ban on Delta-8 THC, THC-A, and THC-O, Syracuse.com reports. The regulations also require hemp products that include THC must have CBD-THC ratios of 15-1 and limit THC to 10 milligrams per package and 1 milligram of THC per serving.  

The rules, first published as emergency rules in July, were the subject of an injunction by Supreme Court Judge Thomas Marcelle last week; however, the injunction does not apply to the finalized version of the rules. 

Joshua Bauchner, chair of the cannabis and psychedelics group at Mandelbaum Barrett PC, told Syracuse.com that he expects legal challenges to the adopted regime because they amount to a government body banning the sale of a legal product. 

“I think there’s gonna be a lot of constitutional challenges to what the state’s trying to do here, and it just smacks of government overreach.” — Bauchner to Syracuse.com 

During the meeting, the Cannabis Control Board also approved new fees for cannabis testing laboratories – either 1% of the lab’s gross revenue, or $1,000 (whichever is greater) and approved registration renewals for nine of the state’s 11 medical cannabis companies.  

The Office of Cannabis Management  Director of Policy John Kagia also said during the meeting that New York retailers have sold just under $109 million worth of legal cannabis products to date, with sales reaching $23 million sold so far in the fourth quarter of 2023.