US State

Cannabis and hemp laws

New York

Recreational and medical marijuana legal; THCA and hemp delta-9 restricted; delta-8, delta-10 and HHC illegal

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

New York

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Synthetic and chemically converted cannabinoids prohibited at processor and retail levels (9 NYCRR §§114.15(a)(1), 114.16). Delta-10 ineligible for OCM cannabinoid hemp product registration.

Key law

MRTA (Ch. 92, L. 2021); NY Cannabis Law §3 and Article 5; 9 NYCRR Part 114 (§§114.15, 114.16); Public Health Law §3306(g)

Effective

November 10, 2021

Full rules

Delta-8 THC

Illegal

Limits

Synthetic and chemically converted cannabinoids prohibited at retail (9 NYCRR §114.15(a)(1)). Cannabinoid Hemp Retail License required for any hemp retail under 9 NYCRR §114.3; license does not authorize delta-8.

Key law

MRTA (Ch. 92, L. 2021); NY Cannabis Law §3 and Article 5; 9 NYCRR Part 114 (§§114.8, 114.15, 114.16); Public Health Law §3306(g)

Effective

November 10, 2021

Full rules

Delta-9 THC

Restricted

Limits

Orally consumed cannabinoid hemp products capped at 1 mg total THC per serving and 10 mg total THC per package (9 NYCRR §114.8). Total THC = delta-9 + (0.877 × THCA) (§114.1). Cannabinoid Hemp Retail License required ($300/location, §114.3).

Key law

MRTA (Ch. 92, L. 2021); NY Cannabis Law Article 5 (§§ 88-91); 9 NYCRR Part 114 (§§114.1, 114.8, 114.16)

Effective

November 10, 2021

Full rules

HHC

Illegal

Limits

Synthetic and chemically converted cannabinoids prohibited at processor and retail levels (9 NYCRR §§114.15(a)(1), 114.16). HHC ineligible for OCM cannabinoid hemp product registration.

Key law

MRTA (Ch. 92, L. 2021); NY Cannabis Law §3 and Article 5; 9 NYCRR Part 114 (§§114.15, 114.16); Public Health Law §3306(g)

Effective

November 10, 2021

Full rules

THCA

Restricted

Limits

Total THC = delta-9 + (0.877 × THCA) (9 NYCRR §114.1). Smokable cannabinoid hemp flower products prohibited at retail. Orally consumed products capped at 1 mg total THC per serving and 10 mg total THC per package (9 NYCRR §114.8). Cannabinoid Hemp Retail License required ($300/location, 9 NYCRR §114.3).

Key law

Marijuana Regulation and Taxation Act (Ch. 92, L. 2021); NY Cannabis Law Article 5 (§§ 88-91); 9 NYCRR Part 114 (OCM Cannabinoid Hemp Regulations)

Effective

November 10, 2021

Full rules

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New York

Latest news and analysis

All news

May 28, 2026

TSA Medical Marijuana by State: Where Patients Actually Get Arrested at the Airport in 2026

The variable that matters in 2026 is not the TSA page. It is the airport you land at. A 28-airport breakdown of permissive, discretionary, and prohibitionist enforcement, with the source-state and destination-state details patients actually need.

Can You Bring Edibles on a Plane in 2026? TSA Rules for THC, Hemp and CBD Gummies

TSA does not search for edibles, but it refers illegal ones to law enforcement. The product, the arrival state and the Dec 11 federal hemp date decide the rest.

NYC Local Law 97 Meets Indoor Cultivation: Emissions Caps, Retrofits, and 2026–2030 Penalties

NYC Local Law 97 emissions caps now apply to indoor cultivation tenants in covered buildings, with stricter 2030 limits driving retrofit planning today.

Caffeine + THC Energy Seltzers Under the Microscope in 2025: Ingredient Bans, Warnings, and Youth-Appeal Risk

Regulators treat caffeine plus intoxicating cannabinoid drinks as a higher-risk category in 2025, raising ingredient ban, warning, and youth-appeal exposure.

Hemp‑THC M&A in 2025: The Compliance Due‑Diligence Checklist Buyers Demand (and Sellers Should Prepare)

Hemp-THC M&A buyers in 2025 underwrite regulatory survivability, discounting SKUs at risk under state caps, 4th and 8th Circuit rulings, and FTC exposure.

COA Fraud Is Spiking in 2025: Digital Signatures, Raw Data Links, and Retailer Audit Playbooks That Actually Work

COA fraud in 2025 ranges from edited PDFs to mismatched lot IDs and Franken-COAs, pushing retailers toward digital signatures, raw data links, and audits.

FAQ

Common questions

Is marijuana legal in New York?

Recreational marijuana is legal in New York. Medical marijuana is legal.

Is THCA legal in New York?

Restricted. New York's Office of Cannabis Management (OCM) treats THCA the same as delta-9 THC for compliance purposes through the total-THC formula in 9 NYCRR §114.1, and Part 114 bars cannabinoid hemp flower products from retail sale regardless of THCA percentage (9 NYCRR §114.16).

Is delta-8 THC legal in New York?

Illegal at hemp retail. 9 NYCRR §114.15(a)(1) bars cannabinoid hemp processors from manufacturing products with synthetic or chemically converted cannabinoids, and §114.16 bars retailers from selling them.

Is hemp-derived delta-9 THC legal in New York?

Restricted. Hemp-derived delta-9 in orally consumed products is lawful only within the New York Office of Cannabis Management (OCM) caps in 9 NYCRR §114.8: 1 mg total THC per serving and 10 mg total THC per package.

This is general information, not legal advice.

Seed Legality

Home grow now legal for adults 21+ (3 mature/3 immature); seeds sold via licensed dispensaries under OCM rules.
Hemp seeds
Legal
Marijuana seeds
Legal
Sale
Legal
Transacting
Legal
Gifting
Legal

Under the MRTA, adult home cultivation (Penal Law § 222.15) became lawful once the Cannabis Control Board adopted final home-cultivation regulations, and as of 2026 adults 21+ may grow three mature and three immature plants (six/six per household) and keep up to 5 lbs. of homegrown cannabis. OCM permits adults to obtain seeds from licensed adult-use dispensaries, though nursery licensing for immature-plant sales was still being expanded (see S7387, 2025). The MRTA also allows transfers of cannabis without compensation between adults 21+. Hemp seed remains lawful under the Department of Agriculture and Markets' cannabinoid/industrial hemp program, which licenses growers.

Key law:
N.Y. Cannabis Law (MRTA); N.Y. Penal Law § 222.15
Last reviewed:
July 3, 2026
This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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