New regulations promulgated by the State of New York appear to ban the sale of Delta 8, a previously legal hemp-derived product. These regulations, which came into effect last week, have already caused havoc amongst some New York retailers. One prominent example of these business consequences appears to be Upstate New York’s Empire CBD, which has announced that it will be closing down all six of its brick and mortar retail operations. They intend to reopen in Florida, due to Delta 8 being their top selling product.
Empire CBDs owner, Yardley Burgess, has attributed the growth and success of his business to Delta 8, and saw no future without it.
What Is Delta 8?
One major difference between Delta 8 products and traditional marijuana products is that Delta 8 is derived from the hemp plant while marijuana products can be derived from either the hemp or cannabis plant as long as the plant has over 0.3% THC. Despite this, it produces a similar high to that found in marijuana use and is reported to have some muted effects that many users prefer. The name is derived from the THC in cannabis, which is known as Delta 9 tetrahydrocannabinol. It may seem strange that Delta 8 is being banned by New York, given its recent legalization of adult-use cannabis. What, then, is going on? The answer is to be found in New York’s unusual decision regarding the particular process for creating Delta 8, known as isomerization.
Regulations Take Aim At the Extraction Process for Delta 8
While the first of April saw the legalization of small quantities of marijuana for adult-use, New York has also passed some of the most restrictive laws regulating CBD and similar derivative substances in the nation. Cannabinoid and cannabinol products created through isomerization are banned from sale. Delta 10 and Delta 8 were specifically mentioned in the regulation, leaving no room for doubt that they were the intended target of this decision. A legal firm has suggested that it is their synthetic nature that may be the rationale behind their being banned.
New York is by no means the first state to express concern with these synthetic products. 12 other states have banned the Delta 8, including early marijuana adopters like Colorado. Michigan is also in the process of considering similar measures to ban the sale of Delta 8 in the state.
In spite of this, Delta 8’s popularity has been on the rise nationwide, and it is currently available in gummy, vape, or smokable products. Some places have it available as tinctures or smokable nuggets (“Moon Rocks”) as well. It is supposed to provide a sense of well being and a body high that aids in somnolence, but availability will vary depending on your state of residence.
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