YES. Delta 8 THC is completely legal according to New York State law. Just like federal law, New York actually legalized all derivative, Cannabidiol, and isoflavones other than delta 9 THC. That’s right, THC is not legal in New York State under any circumstances!
There are three major differences: between THC and CBD that make both are frowned on by the police, the courts, and even the FDA as potentially harmful. Strictly speaking, hemp is considered legal in New York because it doesn’t contain the psychoactive component THC or any other psychoactive ingredient. In fact, hemp cannot be smoked or consumed. Medical marijuana is also considered illegal in New York because it contains CBD – which is the same thing but not psychoactive!
As a general rule: anyone growing cannabis plants that are for personal use without a medical reason is not legally allowed to grow any more plants (including seeds thereof) for personal use in that person’s residence. If you have questions, you must contact your local district attorney’s office. That is why it is important to know the difference between hemp extract (which contains no psychoactive ingredients whatsoever) and cannabis, which is considered both a drug abuse substance by the state.
Now to the specifics. In New York: if you are growing cannabis plants for personal use you are not necessarily breaking the law…but it is still against the law to grow the plants for profit. However, you are allowed to sell CBD oil extracted from the plant sativa (which is the reason for the name) directly to people, if you so choose. You may also be able to “grow” the plants for testing purposes. If you are interested in this option, then you must contact your local state board of health. This means finding out whether the plant sativa is considered illegal, before you begin growing the said plant sativa in your garden.
The only way to know: for sure is to consult a licensed health care practitioner. Most health care practitioners are fine with the idea of testing CBD oil extracts from the plant sativa for human therapeutic use. But the only way to find out for sure whether growing the said seeds thereof is legal or not. For example, in California it is illegal to test the strength of the CBD oil extract from hemp extract using a “CBD meter.” Likewise, there are no published researches that would prove whether growing the plant sativa for consumption is actually legal in the state of California.
In the end, the only way to find out: whether delta-8THC is THC is to get in touch with one of the experts who can help you out. The last thing you want to do is grow a plant in your backyard only to discover that it is not permissible for consumption in the state of California or any other state for that matter.
If you were to grow the said forbidden isomers, then you might be into trouble!
