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


In December 2018 with the passing of the Farm BillCannabis products with a permissible THC content were legalized. However, as of September 2019, we’ve all noticed that most CBD brands have started promoting and selling other products, including a novel compound called hemp Delta-8 THC.

Any CBD website or dispensary you visit will definitely have a wide range of Delta-8 THC products. But shortly after the THC Delta 8 products stormed the CBD market, there was a wave of misinformation and confusion about the legality of Delta 8 products. For those in the know, Delta 8 is not to be confused with the federally illegal Delta 9 THC.

The legality surrounding THC Delta 8 has always remained a complicated topic since the beginning. Many CBD industry veterans claim that THC-8 is legal, while others claim the opposite.

Are you one of those confused souls who, like millions of other CBD enthusiasts, are in a dilemma about the legality of Delta 8 THC or don’t know what Delta 8 is? Do not worry! This blog will surely answer all your doubts regarding Delta 8 and its legality.

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

What is Delta 8 THC?

As a CBD user, you may know it’s almost like that 144 known chemical substances in the hemp plant, also known as cannabinoids. Some of the well-known substances are CBD, THC, CBG, CBN, etc. The THC that we know of is a form of THC called Delta THC-9, a psychoactive compound that gets you high.

Many people don’t realize that THC is not a single compound, but typically a family of compounds known as analogs. Also, the different analogs of THC react differently to the body. Therefore, when a CBD product mentions THC, it is typically referring to Delta 9 THC, a compound known to produce euphoric effects upon consumption.

On the other hand, Delta 8 THC is also a THC compound or isomer of THC, but unlike THC 9, it does not produce 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.

Additionally, compared to Delta 9, Delta 8 offers a less intense euphoric effect with little or no anxiety-inducing effects. In addition, it also offers a number of benefits that CBD can provide, including improving appetite, reducing nausea, improving mental calm and relaxation, reducing fatigue, and fighting insomnia, among others.

Now let’s understand the benefits of Delta 8 THC and how it differs 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 easily oxidized by biologically inactive cannabinol, while delta-8 THC is stable and does not oxidize cannabinol. In addition, it also has a relatively long shelf life. In addition, due to their substantial structural similarity, Delta 9 and Delta 8 also have almost identical pharmacological profiles.

Also note that the THC that we know of or that is found in weed or marijuana is referred to as delta-9-THC. This THC analogue gives you a high or dizziness when consumed. Since many people dislike this effect as it interferes with their work, they prefer CBD products exclusively.

Delta 8 THC, on the other hand, works the same as Delta 9 THC, except it doesn’t have all those sensations of paranoia or “high”. Which ultimately means you won’t experience the dizziness, nausea, or euphoric effects you experience when using Delta-9-THC Delta 8 CBD Products.

Another key factor behind the growing demand for Delta 8 is that it is significantly cheaper than Delta 9. For individuals looking for a brief uplift without getting stoned, the affordable cost makes Delta 8 CBD a viable choice.

Health Benefits of Delta 8 THC

Delta 8 is known as a relaxant and sometimes as a pain reliever. According to the National Institute of Cancer, Delta 8 is described as an appetite-stimulant with pain-relieving and neuroprotective properties.

Without producing the psychoactive effect or “high,” Delta 8 offers a variety of notable health benefits. It is used and incorporated into 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 commonly used to treat pain.

  • Delta 8 can improve our physical as well as mental well-being.
  • It can also minimize inflammation and chronic pain.
  • It can also stimulate appetite.
  • It can also promote restful sleep and fight insomnia.
  • Delta 8 THC can also treat epilepsy and seizures.
  • Removes mental blockages and provides a feeling of calm and relaxation.

Besides these above benefits, Delta 8 THC also offers many other medicinal benefits.

Delta-8 users describe the high as similar but milder than Delta-9 THC or THC. However, delta 8 naturally only exists in fractions of a percent. Also, the stone feel of Delta-8 doesn’t last as long as Delta 9.

After reading these benefits, you must be wondering how this connection 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 doubt about the legality of THC Delta 8 among CBD users, CBD manufacturers, and the CBD industry itself. Therefore, addressing these concerns is necessary so that individuals can purchase these products without fear or concern.

First we need to understand that the legality of THC Delta 8 products will be decided based on Farm Bill 2018.

The 2018 Farm Bill clarified the legal status of non-psychoactive cannabis plants. The bill also stated that hemp products would be considered legal if they contained less than 0.3 percent THC — the legal amount. The problem, however, is that the Farm Bill only mentions the percentage Delta 9THCbut the amount of THC Delta 8 was not specified.

The other factor complicating Delta 8’s legality is its process. Delta-8-THC is legal when extracted from hemp according to the DEA (Drug Enforcement Administration), but the synthetic conversion of CBD to delta-8-THC makes it illegal.

Some manufacturers argue about its legality, citing the 2018 Farm Bill that legalizes hemp and its derivatives, while others warn against producing and possessing the substance as it has been classified as a Schedule I substance by the DEA and fears the connection will fall under the FAA (Federal Analog Act).

So far, however, no authority has issued a complete ban. However, more than 10 states have banned the use of Delta 8 altogether, primarily through guidelines in each state’s controlled substance laws.

Because THC-8 is found in minimal amounts in the hemp plant, synthetically modifying CBD using a chemical catalyst is considered a cost-effective way for most manufacturers to produce THC Delta-8 wholesale. However, DEA considers produced delta-8-THC “synthetically derived” and therefore a Schedule I narcotic.

This uncertainty about the legality of THC-8 prompted the DEA to submit the August 2020 Addendum. The addendum clarifies the legal status of THC Delta 8. 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 Schedule I Controlled Substances.”

To allay customer concerns, many CBD manufacturers have added an entire section on their websites or in-store stating which states they ship the delta-8 THC products to and which do not.

On the other hand, many CBD dispensaries and dispensaries buy these goods in bulk from other suppliers and rebrand them as their own to avoid legal troubles.

Finally, we suggest that you verify the legality of Delta-8 THC in your state before ordering or purchasing the products. It is possible that THC Delta 8 is completely illegal in your state under state laws. For example, if you live in Connecticut it’s legal, while if you live in California it’s “probably legal”. Therefore, check the legality of THC-8 products according to your state’s laws before placing the order.

At John’s CBD, a leading CBD website in the US, we have a range of THC-8 products. All of our products are 100% pure, organic and contain no adulterants. Also, all of our products have gone through rigorous quality controls to ensure our products are always among the best in the CBD industry. You can view our entire range CBD products here:


The legality surrounding Delta-8 has been a complicated subject from the start. A quarter of people claim that Delta 8 THC is legal if we extract it directly from the hemp plant and don’t process it synthetically. At the same time, others believe that Delta-8 is illegal under the 2020 DEA Addendum. As such, we believe a relatively better way to find out the legality of THC Delta 8 is to check your state’s laws. If your state allows it, it’s legal; otherwise it is not!