For those marijuana enthusiasts who are fans of Delta 8 THC, a hot new marijuana product that has become popular in New York, there is bad news.

The product has been banned under new state Health Department regulations which came out last week.

These regulations have led to at least one Upstate New York retailer, Empire CBD, to close all six of its locations over the weekend.

Delta 8 was Empire CBD’s top selling product. The company has decided to relocate all its operations to Florida.

“There is no way I can keep it going in New York,” said owner Yardley Burgess, whose shops were in Syracuse (Destiny USA), Baldwinsville, Marcellus, New Hartford, Watertown and Buffalo. “Delta 8 is what helped my business grow.”

So what is Delta 8 THC? It’s made from hemp cannabis for one. Not marijuana. It is said to give users a sense of euphoria that is similar to a marijuana high.

The THC in marijuana is a type known as Delta 9.

Rules unveiled last week included a provision declaring that cannabinoid and cannabinol products made through a chemical process called isomerization can no longer be sold in New York. The new rules specified both compounds Delta 8 and Delta 10.

The Health Department appears to consider these compounds to be illegal synthetic products, according to a legal analysis by the Foley & Hoag law firm of Boston.

New York is not the first to ban the compound. Aat least 12 other states have also banned Delta 8 THC, including Colorado, one of the first states to legalize marijuana itself.


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