Is THCA legal in New York? New York hemp, CBD, delta-8 and kratom laws

The law in New York

In New York, selling CBD is a licensed trade. Article 5 of the Cannabis Law, created by the Marihuana Regulation and Taxation Act signed on March 31, 2021, puts cannabinoid hemp under the Office of Cannabis Management. Section 109 bars processing cannabinoid hemp for human consumption without a processor license and bars its retail sale without a retailer license, and it lets products made in other states be sold in New York only if they meet every New York standard. Violations carry civil penalties of up to $1,000, then $5,000, then $10,000 for repeat violations within three years under section 107.

Section 3 of the Cannabis Law defines hemp as the plant with no more than 0.3 percent delta-9 THC on a dry weight basis and keeps hemp and cannabinoid hemp out of the definition of cannabis. The same section defines total THC as THCA multiplied by 0.877 plus THC, and the Office's rules, 9 NYCRR Part 114, set their milligram limits in total THC.

1. March 31, 2021The Marihuana Regulation and Taxation Act is signed, creating the Cannabis Law, its cannabinoid hemp article and the Office of Cannabis Management.
2. November 24, 2021The Office of Cannabis Management adopts the cannabinoid hemp rules in 9 NYCRR Part 114.
3. October 5, 2022Amendments to Part 114 are adopted.
4. December 19, 2025The governor signs chapter 690 (kratom age 21) and chapter 655 (kratom labels).
5. June 17, 2026The ban on kratom sales to anyone under 21 takes effect, now Public Health Law section 1399-xx.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

Product limits under Part 114

Section 114.8 sets the rules every cannabinoid hemp product sold in New York must meet. It must be made under federal food or supplement manufacturing rules, hold no more than 0.3 percent delta-9 THC, contain no alcohol, tobacco or nicotine, test within 80 to 120 percent of the cannabinoids on its label, and come prepackaged. Except for flower and topicals, it must hold at least 15 parts CBD, or other cannabinoids, to 1 part THC.

Products eaten or drunk may hold no more than 1 mg of total THC a serving and 10 mg a package, and no more than 100 mg of total cannabinoids a serving and 3,000 mg a package. A tincture with a calibrated dropper may hold up to 100 mg of total THC and 4,000 mg of cannabinoids a package. A hemp drink may hold only one serving a can, though several cans may be sold together.

CBD may go into food and drinks this way, as orally consumed cannabinoid hemp products. Products may not be added to food or drinks at the point of sale and may not be a potentially hazardous food under the state sanitary code, so a cafe cannot mix CBD into a drink to order. Edibles with several servings must be packaged so each serving is easy to identify and must be resealable or come with a measuring device; hash marks on a package do not count.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

THCA, flower and delta-8

Part 114 defines a flower product as the flower, buds, leaves or stems of the hemp plant sold with minimal processing, and the Office's guidance, revised October 7, 2024, lists 0.3 percent delta-9 THC as its potency limit. Under section 114.11, retailers may not sell any product labeled or advertised for smoking, any cigarette, cigar or pre-roll, or anything packaged with rolling papers or pipes. Whether flower high in THCA meets these rules is not settled by any statute, rule, Attorney General opinion or appeals court ruling we found.

Section 114.8 also bars synthetic cannabinoids, artificially derived cannabinoids and cannabinoids made by isomerization, naming delta-8 and delta-10 THC, and processors may not use them. Public Health Law section 3306 lists synthetic THC not derived from the cannabis plant in Schedule I.

Age, licenses and labels

The age rule depends on the product. Section 114.16 bars a hemp retailer from selling flower, concentrated products such as vape cartridges, wax or shatter, or any product with more than 0.5 mg of total THC a serving to anyone under 21, and section 114.11 requires retailers to check that a buyer's ID matches the buyer. Part 114's age rule does not reach a CBD product with 0.5 mg of total THC a serving or less that is not flower or a concentrate.

Hemp vapes must be closed systems, either a prefilled cartridge or a single-use device, with temperature controls and a heating element of glass, ceramic or stainless steel. They may not contain flavorings other than hemp-derived terpenes or excipients such as vitamin E acetate, polyethylene glycol or MCT oil. Labels may not imitate candy or appeal to people under 21, and retailers must post their license where customers can see it. Hemp cosmetics, as federal law defines them, are outside the Office's oversight.

Kratom, kava, amanita and spores

Kratom is not listed in Public Health Law section 3306. Chapter 690 of 2025, signed on December 19, 2025 and amended by chapter 81 of 2026, bars selling kratom to anyone under 21 from June 17, 2026. The rule now sits in Public Health Law section 1399-xx, which defines kratom to include synthesized or semi-synthesized mitragynine and 7-hydroxymitragynine and allows civil penalties of up to $500. General Business Law section 398-g, added by chapter 655 of 2025 and amended by chapter 12 of 2026, requires kratom labels to list the maker, the ingredients and the amounts of mitragynine and 7-hydroxymitragynine from December 19, 2026.

S8925-A, which would bar selling 7-hydroxymitragynine products above 2 percent of total alkaloids or 1 mg a serving, passed the Senate on June 2, 2026 and the Assembly on June 5, 2026; the Senate's bill record shows no delivery to or action by the governor. Psilocybin and psilocyn are Schedule I under section 3306. We found no New York statute naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.