Delta-8-THC: How This Less Potent CBD is Legal

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In December 2018, with the passing of the Farm Bill, cannabis products with a permissible amount of THC were legalized. However, from September 2019, we all have noticed that most of the CBD brands have started advertising and selling other products, which include a novel hemp compound called delta 8 THC.

All the CBD websites or dispensaries you visit will definitely have a large display of delta 8 THC products. But soon after the THC Delta 8 products storm in the CBD market, there came a wave of misinformation and confusion about the legality of delta-8 products. For the initiated, delta 8 not to be confused with federally illegal delta 9 THC.

The legality surrounding THC delta 8 has always remained a complicated issue since the beginning. Many CBD industry veterans claim that THC-8 is legal, whereas others argue otherwise.

Are you also one of those confused souls who is in a dilemma over the legality of delta 8 THC just like millions of other CBD enthusiasts or doesn’t know what delta 8 is? Don’t worry! This blog will certainly answer all your doubts related to delta 8 and its legality.

But before we learn about the legality of delta 8 CBD, let us first understand what delta 8 is and how it is different from delta-9 THC or the THC that we all know.

What is Delta 8 THC?

Being a CBD user, you may be aware that there are nearly 144 known chemical substances in the hemp plant, also known as cannabinoids. Some of the known substances are CBD, THC, CBG, CBN, etc. The THC that we know is a one form of THC called– Delta THC-9, a psychoactive compound that gives you high.

Many people do not know that THC is not a single compound, but it is typically a family of compounds known as analogs. Besides, the different analogs of THC react differently to the body. Therefore, when a CBD product mentions– THC, they are typically referring to Delta 9 THC, a compound known to produce euphoric effects on consumption.

On the other hand, delta 8 THC is also a THC compound or an isomer of THC, but unlike THC 9, it does not produce any high consumption.

THC Delta 8 is a powerful cannabinoid found in cannabis flowers. The most significant difference in their molecular structure is that delta 8 has a double bond on the eighth carbon chain, while delta 9 has a double bond on the ninth carbon chain.

Moreover, compared to delta 9, delta 8 provides a less intense euphoric effect with little or no anxiety-inducing effects. In addition, it also offers a range of benefits that CBD can offer which includes improving appetite, reducing nausea, enhancing mental calmness & relaxation, reducing fatigue, and fights insomnia, among others.

Now let us understand the benefits of delta 8 THC and how it is different from delta 9 THC in detail.

The Difference Between Delta THC-8 and Delta THC-9

The main chemical difference between them is that delta-9-THC is readily oxidized by biologically inactive cannabinol, while THC delta 8 is stable and does not oxidize cannabinol. Moreover, it has a relatively long shelf life, as well. In addition, because of their substantial structural similarity, the delta 9 and delta 8 have almost identical pharmacological profiles too.

Also, note that the THC we know or the one found in the weed or marijuana is referred to as delta 9 THC. This THC analog gives you high or makes you feel dizzy, on consumption. As many individuals do not like this impact as it affects their work, they prefer CBD products only.

Delta 8 THC, on the other hand, acts in the same way as Delta 9 THC, except that it does not have all those sensations of paranoia or “high”. Which ultimately means, you will not experience the dizziness, nausea, or the euphoric effects that you feel in case of delta 9 THC while using delta 8 CBD products.

Another significant factor behind Delta 8’s growing demand is that it is considerably cheaper than Delta-9. For individuals looking for a brief uplifting feeling without being intoxicated, the affordable cost makes delta 8 CBD a viable choice.

Health Benefits of Delta 8 THC

Delta 8 is known to be a relaxant and sometimes a pain reliever. As per the national institute of cancer, delta 8 is described as being appetite-stimulating, with the pain-relieving and neuroprotective properties.

Without creating the psychoactive effect or the ‘high,’ Delta 8 offers a variety of remarkable health benefits. It is used and incorporated in many products due to its favorable response to the body. The following are some of the recognized health benefits of Delta 8 THC.

THC delta 8 is often used for pain management.

Delta 8 can improve our physical as well as mental well-being.  It can also minimize inflammation and chronic pain.  It may also stimulate the appetite. It may also promote restful sleep and fight insomnia. Delta 8 THC may also treat epilepsy and seizures. Removes mental blocks and provides a sense of peace and relaxation. 

Along with these above mentioned benefits, delta 8 THC also offers many other medicinal benefits too.

The users of the delta-8 describe the high as being similar but milder than delta 9 THC or THC. However, delta 8 exists naturally in only fractions of a percent. Besides, the stone feeling of delta-8 does not last as long as delta 9.

After reading these benefits, you must be wondering how this compound can be illegal! Yes, the next section will clear all your doubts about whether the delta 8 CBD is legal or not.

Is Delta 8 THC Legal Or Not?

There is too much confusion and doubts about the legality of THC delta 8 among CBD users, CBD manufacturers, and the CBD industry itself. Therefore, it is necessary to address this concern so that individuals can buy these products without any fear or concern.

First of all, we need to understand that the legality of THC delta 8 products is decided based on Farm Bill 2018.

The 2018 Farm Bill clarified the legal status of non-psychoactive cannabis plants. The bill also declared that hemp products would be considered legal if they contained less than 0.3 percent THC– the permissible amount. However, the problem is, the Farm Bill only mentions the percent of Delta 9 THC, but it did not state the amount of THC Delta 8. 

The other factor that complicates delta 8’s legality is its process. Delta-8 THC is legal if it is extracted from hemp, according to the DEA (Drug Enforcement Administration), but synthetically converting CBD into delta 8-THC makes it illegal.

Some producers argue about its legality by referring to the 2018 Farm Bill which legalizes hemp and its derivatives while others are cautioning producing and possessing the substance due to its classification as a Schedule I substance by the DEA and fear of the compound falling under the FAA (Federal Analog Act).

However, as of now, no agency has stated its outright ban. Though, more than 10 states have banned the use of delta 8 altogether mostly through guidelines in the individual states controlled substances act.

As THC 8 found in a minimal amount in the hemp plant, for most manufacturers, synthetically altering CBD with the help of a chemical catalyst is considered a cost-effective method to produce wholesale THC delta 8. But, DEA considers produced delta-8 THC to be “synthetically derived” and, therefore, a Schedule I narcotic.

This uncertainty about the legality of THC-8 prompted the DEA to bring the August 2020 addendum. The addendum clarifies the THC delta 8’s legal status. The addendum states– “For synthetically derived tetrahydrocannabinols, the concentration of Δ 9-THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain under schedule I controlled substances.”

To ease the customers’ concerns, many CBD manufacturers have added an entire section on their websites or in stores specifying which states they will deliver the delta 8 THC products and which states they will not.

On the other side, many CBD pharmacies and dispensaries purchase these goods in bulk from other suppliers and rebrand them as their own in order to prevent any legal trouble.

In the end, we will suggest that you check the legality of delta-8 THC in your state before you order or buy the products. It might be possible that THC delta 8 is altogether illegal in your state as per the state laws. For instance, it is legal if you live in Connecticut, while it is ‘likely legal’ if you live in California. Therefore, check the legality of THC-8 products as per your state laws before you place the order.

At John’s CBD, a leading CBD website in the USA, we have a range of THC-8 products. All of our products are 100% pure, organic, and do not contain any adulterants. Besides, all of our products passed through stringent quality checks to ensure that our products always remain one of the best in the CBD industry. You can check out the full range of our CBD products here: 


The legality surrounding delta-8 has always remained a complicated issue since the beginning. One quarter of people claim that delta 8 THC is legal if we extract it directly from the hemp plant and not process it synthetically. At the same time, others believe that as per the DEA addendum 2020, delta-8 is illegal. So we believe that a relatively better way to find the legality of THC delta 8 is to check your state laws. If your state allows it, it is legal; else, it’s not!



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