To a large extent legalization of adult-use cannabis, including New York’s passage of the Marijuana Regulation and Taxation Act of 2021 (MRTA), has eclipsed other developments in the cannabis sector over the past year. A notable exception has been the crackdown on Delta-8 THC, which is derived from hemp. Several states, including New York, have moved to ban the manufacture and sale of the substance.

But that is only the tip of the iceberg for regulation of hemp and hemp derived substances. Since issuance of adult-use licenses and regulations is likely more than six months away, this is a good time to review New York’s soon-to-be-finalized hemp and CBD regulations and their interplay with federal guidance.

Where Things Stand Federally