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July 18, 2023

NY Cannabis Insider: "Decoding the Cannabis Maze: Navigating the Legal Quandaries of THC Variants"

Jason Klimek, Cannabis Team co-leader, had his “Decoding the Cannabis Maze: Navigating the Legal Quandaries of THC Variants” article published by NY Cannabis Insider. The article explores how the different variants of THC have caused confusion regarding whether it’s legal to sell them in New York State. 

Jason’s article explains total THC, which is the metric used by the US Department of Agriculture  and New York State to determine whether a cannabinoid product is hemp or cannabis. The article states, “. . . a hemp plant that is federally legal can have a concentration of no more than 0.3 percent total THC.” Jason explains in greater detail the science behind how certain cannabinoids come to be: some exist naturally in cannabis plants and others are synthesized from CBD. Other cannabinoids can be synthetically produced from non-cannabis materials.

The article makes it clear: “It has never been legal to sell delta-8 or delta-10 THC in New York State without a license . . . . You cannot sell THCA or delta-8, delta-9, or delta 10 THC in New York State without a license. Moreover, you cannot sell THC-O or HCC at all, as they are synthetic cannabinoids and are therefore illegal under both the CSA and New York State law.” 

NY Cannabis Insider subscribers can read the full article here.


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