Is THCA Legal in New York in 2026?

Current state posture

D8/10 & other synthetic intoxicating cannabinoids & intoxicating hemp flower (incl high-THCA) prohibited (OCM/DOH Cannabinoid Hemp Program); intoxicating THCA = cannabis. Only low-dose hemp d9 beverages/edibles (~1mg/serv,10mg/pkg,15:1) allowed.

Rules by product type

Federal change scheduled for November 12, 2026

State rules are only one layer. Unless Congress changes the enacted provision, Section 781 changes the federal hemp definition to total THC—Delta-9 THC plus 0.877 times THCA—and adds a 0.4 milligram total-THC-per-container cap beginning November 12, 2026. That federal change is separate from the New York posture above.

Sources

These are the references carried with the dated policy record. They include government and secondary sources; a listing here does not make every source an official authority.

1. 1. cannabis.ny.gov
2. 2. cannabisregulations.ai
3. 3. wgrz.com

Bills that touch hemp and THCA in New York

The most recent legislative activity on record, newest first. Status is the legislature's own last action; a bill is not law until it is enacted.

• A06709Favors licensed cannabisApr 15, 2026

  Relates to the topics of the course required to be taken by practitioners certifying patients as eligible for medical cannabis; establishes the endocannabinoid system awareness program; requires the o

  Last action: print number 6709b

  Medical cannabis practitioner training course; supports licensed medical program.

• S06972Favors licensed cannabisApr 15, 2026

  Relates to the topics of the course required to be taken by practitioners certifying patients as eligible for medical cannabis; establishes the endocannabinoid system awareness program; requires the o

  Last action: PRINT NUMBER 6972B

  Medical cannabis practitioner training course; supports licensed medical program.

• A04367Favors hempJan 7, 2026

  Relates to cannabinoid hemp retail sales and retailers; makes technical changes to the definition of THC; provides specific requirements for labeling of cannabinoid hemp products.

  Last action: referred to economic development

  Protects or expands hemp market access and farming

• A04574Favors licensed cannabisJan 7, 2026

  Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

  Last action: referred to economic development

  Supports licensed marijuana retail and dispensary expansion

• S05284Favors hempJan 7, 2026

  Relates to cannabinoid hemp retail sales and retailers; makes technical changes to the definition of THC; provides specific requirements for labeling of cannabinoid hemp products.

  Last action: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

  Protects or expands hemp market access and farming

• S05809Favors licensed cannabisJan 7, 2026

  Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

  Last action: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

  Supports licensed marijuana retail and dispensary expansion

• S09487Favors hempMay 16, 2024

  Relates to cannabinoid hemp and hemp extract; defines terms; provides that any orally consumed product in the form of a beverage and containing cannabinoids derived only from hemp, including cannabino

  Last action: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

  New York: cannabinoid hemp and hemp extract beverages; pro-hemp.

• A10001ProceduralMay 1, 2024

  Establishes the endocannabinoid system awareness program and work group.

  Last action: referred to health

  Too vague or insufficient detail to score

• A09047Favors hempFeb 5, 2024

  Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

  Last action: referred to economic development

  Permits licensed cannabis retailer to sell cannabinoid hemp

• S08463Favors hempFeb 1, 2024

  Provides that a retailer licensed by the office of cannabis management shall be permitted to sell any and all forms of cannabinoid hemp.

  Last action: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

  Permits licensed cannabis retailer to sell cannabinoid hemp

Enforcement actions reported in New York

Reported raids, seizures, warnings and crackdowns, newest first, each linked to the report it came from.

• May 1, 2024inspectionNew York OCM conducts 1,200+ inspections of unlicensed dispensaries; seizes $67M in illicit cannabis products

  December 2023 to November 2024: New York Office of Cannabis Management enforcement team conducted 1,200+ inspections of suspected unlicensed cannabis dispensaries, seizing over $67 million in illicit cannabis products as part of state crackdown on hemp-derived product sales without proper licensing.

• Nov 6, 2019arrestNYC police arrest man receiving 106 pounds of Vermont hemp shipment, seize the hemp

  Ronen Levy was arrested in November when he went to pick up 106 pounds of hemp from Fox Holler Farms in Vermont that his brother had sent via FedEx to their CBD business, Green Angel, in Brooklyn. NYC police confiscated the hemp believing it was marijuana, though testing confirmed it contained 0.06% THC (compliant with federal law). Criminal charges were dropped and the brothers later sought $10 m