During a contentious assembly late last month, New York’s Cannabis Control Board (“CCB”) approved emergency regulations limiting the amount of THC allowed in products containing potentially intoxicating hemp-derived cannabinoids and banning some cannabinoids altogether.
Under the approved regulations, edible products must have a 15-to-1 ratio of CBD to THC and are limited to no more than 10 milligrams of THC per package and 1 milligram per serving. Retailers are also forbidden from selling products with more than 0.5 milligrams of THC to anyone younger than 21.
The new rules also ban Delta-8 THC, THC-A, and THC-O.
Until recently, companies selling hemp-derived cannabinoids could legally sell products containing the same amount of THC as those sold at licensed adult-use dispensaries.
New York regulators hope the move will ultimately curtail the largely uncontrolled market of hemp-derived cannabinoids, encompassing intoxicating delta-8 and delta-9 THC, alongside CBD. However, in the process, thousands of tax-paying small businesses throughout the State were suddenly rendered illegal, risking raids, seizures, fines, and closure. The ever-shifting regulatory landscape in the State continues to challenge operators seeking to engage in legal sales. More litigation against the OCM is sure to follow, further delaying the development of a lawful marketplace.
Our Controlled Substances and Regulatory Practice attorneys understand the complex laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. A multifaceted area of the law with conflicting regulations from different governing bodies, we help our clients navigate all aspects of this emerging field. We are committed to helping our clients understand their rights and opportunities in this evolving area of law.
