Are THC Drinks Legal in New York?

The ShipSips Team

Last verified October 16, 2026 against the official sources listed at the end of this page. General information, not legal advice.

New York THC drink laws at a glance

Status Prohibited[1][3][4]
THC limit per serving 1 mg total THC (one can = one serving)[1][2][8]
THC limit per container 1 mg per can (single-serve only)[1][2][8]
Minimum age 21 above 0.5 mg THC per serving[1]
Where it’s sold OCM-licensed cannabinoid hemp retailers[1][2][4]
Online sales and shipping (state rule) Licensed retailers only; same limits[2][4]
Ships from ShipSips See where we ship
Last verified October 16, 2026

Short answer

Not intoxicating ones. New York allows hemp drinks only as single servings of no more than 1 mg total THC per can, with at least 15 parts CBD to 1 part THC, sold by retailers licensed by the Office of Cannabis Management. That rules out typical THC drinks; higher-THC drinks are cannabis products for licensed dispensaries.[1][3][4]

New York's Cannabinoid Hemp Program (9 NYCRR Part 114) allows hemp beverages only if each can is a single serving of no more than 1 mg total THC, with a 15:1 CBD-to-THC ratio. The product must also be sold by an OCM-licensed cannabinoid hemp retailer, which includes online sellers. 2026 bills to allow up to 5 mg drinks did not pass.[1][3][4]

Delta-9 THC drinks in New York: what’s allowed

  • Limit per serving: 1 mg total THC per serving (9 NYCRR §114.8(b)(1)(i)); for beverages one can = one serving, so 1 mg total THC per can[1][2][8]
  • Limit per container or package: 10 mg total THC per package for orally consumed products, but beverages may hold only a single serving per package (§114.8(c)(3)), so effectively 1 mg total THC per can. Also ≤0.3% total Δ9-THC, ≤100 mg total cannabinoids per serving and ≤3,000 mg per package, and a CBD:THC ratio of 15:1 or higher (§114.8(a)(2)–(3))[1][2][8]
  • How THC is counted: total THC[1][2][8]
  • Delta-8, THCA and other cannabinoids: Synthetic, artificially derived, and isomerized cannabinoids (including Δ8-THC and Δ10-THC) are banned in all cannabinoid hemp products (§114.8(a)(11); processors §114.7). OCM also names THC-O acetate and THCP as intoxicating products. Total THC counts THCA (Δ9-THC + 0.877 × THCA).[1]

Age and purchase rules in New York

  • Minimum age: 21 for any cannabinoid hemp product with more than 0.5 mg total THC per serving (9 NYCRR §114.16(a); age-verification duty in §114.11(b)); no age floor in Part 114 for products at or below 0.5 mg per serving[1]
  • Where it can be sold: Only OCM-licensed cannabinoid hemp retailers may sell to consumers (9 NYCRR §114.14(d)(2)). Products from out-of-state manufacturers must enter through an OCM Cannabinoid Hemp Distributor Permit holder (§114.14(g)). Intoxicating THC drinks are sold only through the licensed adult-use cannabis program.[1][2][4]
  • Seller licenses: Cannabinoid Hemp Retail License ($300 per location per year), required for both online and in-person sellers. A Temporary Retail Permit ($25/month, up to 3 months) is also available and covers online sales. Applicants need a NY sales-tax Certificate of Authority. Selling out-of-state-made products to NY retailers requires a Distributor Permit ($300/year).[1][2][4]
  • Online sales, shipping and delivery: Allowed only for an OCM-licensed cannabinoid hemp retailer (or temporary permittee) selling Part 114-compliant products (≤1 mg total THC per can, 15:1 CBD:THC). Online sellers must verify 21+ for products over 0.5 mg THC per serving. Shipping non-compliant (intoxicating) hemp THC drinks to NY consumers is not lawful under Part 114. No separate statute specifically addressing common-carrier delivery was located.[2][4]

How the federal hemp rule affects New York

Federal law is a separate layer on top of New York law. A federal law signed November 12, 2025 rewrites the federal definition of hemp so that finished products may contain no more than 0.4 milligrams of total THC per container. A second law signed September 2, 2026 delays most of that change until December 11, 2026; until then it applies only to products made with cannabinoids the cannabis plant can’t produce naturally. Follow the dates on our federal hemp rule tracker.[F1][F2]

Pending bills and local rules in New York

  • S.9220-A / A.10191 (2025–26): would let licensed off-premises liquor and wine stores sell 'low potency cannabis beverages' (≤5 mg total THC per single-use container) made by NY adult-use licensees. Senate: amended and recommitted to committee 2026-04-16; did not pass.[8]
  • S.8575 (2025–26) 'Hemp Beverage and Taxation Act': would license cannabinoid hemp beverages, 21+. Last action 2026-01-07, referred to Investigations and Government Operations.[9]
  • OCM is monitoring the federal hemp-definition change (0.4 mg total THC per container) and its effect on out-of-state products sold in NY[7]
  • Local rules: No official local (city/county) hemp-beverage rules found; Part 114 is statewide.

Does ShipSips ship to New York?

This page is information only. See where we ship for our current shipping list; checkout checks every address against it.

New York THC drink FAQ

Is delta-9 THC legal in New York?

Not intoxicating ones. New York allows hemp drinks only as single servings of no more than 1 mg total THC per can, with at least 15 parts CBD to 1 part THC, sold by retailers licensed by the Office of Cannabis Management. That rules out typical THC drinks; higher-THC drinks are cannabis products for licensed dispensaries.

Does New York law allow online sales or shipping of THC drinks?

Allowed only for an OCM-licensed cannabinoid hemp retailer (or temporary permittee) selling Part 114-compliant products (≤1 mg total THC per can, 15:1 CBD:THC). Online sellers must verify 21+ for products over 0.5 mg THC per serving. Shipping non-compliant (intoxicating) hemp THC drinks to NY consumers is not lawful under Part 114. No separate statute specifically addressing common-carrier delivery was located.

What is the THC limit for drinks in New York?

Per serving: 1 mg total THC per serving (9 NYCRR §114.8(b)(1)(i)); for beverages one can = one serving, so 1 mg total THC per can Per container or package: 10 mg total THC per package for orally consumed products, but beverages may hold only a single serving per package (§114.8(c)(3)), so effectively 1 mg total THC per can. Also ≤0.3% total Δ9-THC, ≤100 mg total cannabinoids per serving and ≤3,000 mg per package, and a CBD:THC ratio of 15:1 or higher (§114.8(a)(2)–(3))

What is the minimum age for THC drinks in New York?

21 for any cannabinoid hemp product with more than 0.5 mg total THC per serving (9 NYCRR §114.16(a); age-verification duty in §114.11(b)); no age floor in Part 114 for products at or below 0.5 mg per serving

What changes for New York with the federal hemp rule?

The federal cap of 0.4 milligrams of total THC per container is scheduled to apply to most hemp products from December 11, 2026, on top of New York law. See the federal hemp rule tracker for the latest dates.

What changed and when

  • November 24, 2021: Part 114 cannabinoid hemp regulations first adopted
  • December 13, 2023: Amended Part 114 effective: 1 mg/serving and 10 mg/package total THC caps, single-serving beverage rule, 21+ for products over 0.5 mg/serving, ban on isomerized cannabinoids[2]
  • January 1, 2024: Revised Part 114 packaging, labeling and advertising provisions effective[2]

What we couldn’t confirm

  • We read the hemp rules (9 NYCRR Part 114) in the Office of Cannabis Management’s adopted-rule document, not in the official code text.
  • Whether New York enforces against out-of-state online sellers that ship non-compliant drinks.

THC drink laws in states near New York

Sources

Official sources first. Each was checked on the date shown.

  1. 9 NYCRR Part 114 (as adopted Dec 2023), OCM PDF (official; checked October 16, 2026)
  2. OCM Cannabinoid Hemp Regulations Guidance for Licensees (rev. Oct 2024) (official; checked October 16, 2026)
  3. OCM Cannabinoid Hemp Consumers page (official; checked October 16, 2026)
  4. OCM Retailers & Distributors page (official; checked October 16, 2026)
  5. OCM Cannabinoid Hemp program page (official; checked October 16, 2026)
  6. OCM, An Overview of Hemp, Intoxicating Hemp & NY's Regulatory Landscape (Feb 2026) (official; checked October 16, 2026)
  7. OCM FAQ, Hemp and the 2025 Federal Appropriations Law (Jan 2026) (official; checked October 16, 2026)
  8. NY Assembly bill status S.9220-A (official; checked October 16, 2026)
  9. NY Assembly bill status S.8575 (official; checked October 16, 2026)
  10. Forma Hemp Wire, NY THC drinks (Sept 18, 2026), used only to locate bills (secondary, for context only; checked October 16, 2026)

General information, not legal advice. Hemp laws change often; check the official sources above and your local rules. ShipSips sells only to adults 21 and over.

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