New York has joined the growing number of states to ban Delta-8 and Delta-10 THC after the Department of Health (DOH) issued hemp regulations last week clarifying that hemp-derived cannabinoid products may “not contain synthetic cannabinoids, or cannabinoids created through isomerization.”
The regulations also keep intact a proposed ban on smokable hemp – which was initially released last year – but the sale of hemp flower would be permitted as long as it is not marketed or branded as a smokable product.
“It is the mission of the (DOH) to protect, improve and promote the health, productivity and wellbeing of all New Yorkers, and the commitment to a smoke–free society is consistent with that mission,” the agency said in response to concerns about the smokable product ban raised in public comments on the regulations.
The new industry rules also set $1,000 application fees for hemp producers who seek to process cannabinoids and $500 application fees for those seeking to manufacture – rather than extract – hemp cannabinoids. Retailers will have to pay a $300 license fee per location.
The guidelines also require all hemp manufacturers to show evidence of a Good Manufacturing Practices audit under the new rules.
The DOH rules also require out-of-state manufacturers and distributors of cannabinoid hemp products to “adhere to the requirements of the program, to the extent they intend to sell products” in the state.
Regulators in Colorado, Vermont, and Alaska have also banned the hemp-derived cannabinoids, while Washington state has implemented a temporary ban on the products.
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