Data updated: August 26, 2026
Flavor Ban Status
full banAll flavored nicotine vapor products banned including menthol (PHL § 1399-mm-1, effective May 18, 2020). A state ENDS directory was proposed in the January 2026 executive budget but has not been enacted.
Delta-8 / Hemp Status
bannedProhibited outside the licensed cannabis market. OCM Cannabinoid Hemp Program rules bar intoxicating hemp products (delta-8, delta-10, THC-O and similar); cannabinoid hemp products may not exceed 0.3% THC, with per-serving limits, and inhalable products are 21+.
Kratom Status
21+ regulatedSales to under-21 prohibited (PHL § 1399-mmm, added by ch. 690 of 2025 — signed Dec 19, 2025, effective immediately): $500 civil penalty per violation, mandatory signage, and ID checks.
License Required
YesNew York State Department of Taxation and Finance
PMTA Directory Required
NoMinimum Purchase Age
21+
Rates & Licensing
New York State Department of Taxation and FinanceOfficial source for current tax rates and license requirements.
all_vape_ends
Bans all flavored e-cigarettes and e-liquids. Menthol vapes were added May 2020. Tobacco-flavored vapes remain legal. Does NOT ban flavored combustible tobacco or menthol cigarettes.
Effective: Jul 1, 2020