New York Bans Cannabinoid Hemp Program Delta-8 THC

Regulations establishing New York State’s Cannabinoid Hemp Program make things very clear on the issue of Delta-8 THC. But this doesn’t mean it’s game over for the controversial cannabinoid.

Delta-8 THC can be created by manipulating hemp-derived cannabidiol. Its legality at a federal level is a topic of some heated debate, with a perceived loophole resulting in a flood of Delta-8 products hitting the US market. Like Delta-9 THC, Delta-8 has intoxicating effects and it is claimed to have similar potential therapeutic benefits.

Various states have clamped down on the rapidly growing hemp-derived Delta-8 industry and New York is joining them.

Regulations approved by the Cannabis Control Board for the Cannabinoid Hemp Program prohibit the sale of Delta-8 THC products, and the NYS Office of Cannabis Management urges consumer caution on buying and consuming them. However, this doesn’t shut the door, with the Office saying such products are better left to be regulated in New York State’s future Adult-Use program.

Texas Delta-8 Battle Continues

In other Delta-8 THC related news, we recently reported on Hometown Hero, an Austin company involved in a lawsuit against the state of Texas in relation to the state’s stance on Delta-8 THC. 

In a recently released video dissecting a June Town Hall with the US Department of Agriculture and Drug Enforcement Agency, Hometown Hero CEO Lucas Gilkey says it provides confirmation from the DEA that Delta-8 is federally legal; or more accurately, the DEA liaison states the Agency doesn’t consider Delta-8 THC a controlled substance. While the DEA’s position isn’t crystal clear, no specific ruling has been made and this is at a federal level,  it could have some weight in the Texas action.

Late last month, a Texas court decided against a request from Hometown Hero for a temporary restraining order against the Texas Department of State Health Services for its classification of Delta 8 THC as a controlled substance. But the action is ongoing and another hearing occurred on Friday; the results of which are yet to be announced.