What is Delta 8 THC?

What is Delta 8 THC?

What is Delta 8 THC?



If you’re in the cannabis world and you hear ‘THC’, you are more than likely thinking of the highly psychoactive component within marijuana. But did you know that there are multiple forms of THC and their difference in molecular structure could determine their legality and strength?

Cannabis, as a whole industry, exists in this gray world and its derivatives are no different. In some states, medical and/or recreational use of cannabis is legal, in other states it is illegal. According to the federal government, cannabis use is federally illegal. But, to make the waters even muddier, Hemp is federally legal. Confused yet? Us to! This makes owning a business in the cannabis world incredibly hard, but can be equally as confusing and frustrating for a consumer looking to buy legal cannabis products. 

Let’s break it down:

Delta 9 THC


When you think about marijuana and the high that comes along with, what you’re really thinking about is Delta 9 THC. Delta 9 THC refers to the placement of a bond on the 9th Carbon in the molecular structure. It is one of the most notorious cannabinoids found within the cannabis plant. It’s molecular structure is a “perfect fit” for the CB1 and CB2 receptors in our Endocannabinoid System (ECS). This system is responsible for processing cannabinoids.

Due to this “perfect fit” scenario with Delta 9, you get what cannabis users would call a “high”. The higher the percentage of Delta 9 THC in the product, the stronger that “high” will likely get. 

What is Delta 8 THC?


On the other hand, you have Delta-8 THC. It is a minor cannabinoid found within the cannabis plant. It is structurally different from Delta 9 THC due to a double bond it has on it’s 8th Carbon. This very small difference plays a big role in how this cannabinoid will interact with your ECS. Because of this tiny structural difference, this molecule does not bind as tight with your CB1 and CB2 receptors causing a much more toned down psychotropic effect than what you would get with Delta 9.. This is why I refer to it as “diet weed”. 

Delta 8 is being known for its anxiolytic, analgesic, and anti-nausea properties. Most Delta 8 users refer to the experience as a "mild high" with an emphasis on  therapeutic properties (anti-anxiety, anti-paranoia, pain relief, etc.) It does not cause the anxiety and paranoia that some users say can be an unpleasant side effect of using cannabis products that contain Delta 9 THC. Because of its half strength psychoactivity, it is allows enough change to calm the brain and relax the body. Its user experience typically lands somewhere between the feeling of CBD and Delta 9 THC. If you ask me, that’s the sweet spot!

Middle ground between Delta9 THC and CBD

Delta 8 THC, really does exist as a somewhat “middle ground” between Delta 9 THC and CBD. While Delta 9 THC is synonymous with getting you high, CBD is synonymous with giving you all of the therapeutic benefits of cannabis WITHOUT the high. I believe that Delta 8 lies somewhere in between those two experiences. If you are looking for something a little stronger than CBD, but aren't ready to jump into the world of full blown marijuana, Delta 8 products are a great stepping stone into the world of THC.


Is it legal? 

I know what you’re thinking: “It’s still THC, so isn’t that illegal?” The answer? NO! It is 100% federally legal. Due to the language in the 2018 Farm Bill that made hemp federally legal, all derivates of the plant are also legal, including CBD. Remember in order for hemp to be considered hemp and not marijuana it has to have a Delta 9 THC percentage of no more than 0.3%. With that being said, Delta 8 THC can be a little tricky. If it is derived from the hemp plant, it is legal. If it’s been derived from the marijuana plant, it is illegal. Same exact molecule, but where it comes from makes a WORLD of difference. 

What to look for

Currently, Hemp derived products are not FDA regulated meaning it is quite literally the “Wild Wild West of Hemp” out there. There are no regulations and laws determining how hemp derived products are sold, how they are made or quality control. This is important to note because as a buyer, you have to make sure to do your due diligence when purchasing hemp derived products. As always keep these key points in mind:

  1. Third Party Lab Testing- look at the lab results to ensure you are getting a high quality product and the amount of Delta 8 that is claimed is also in the product.
  2. Organically Grown- hemp is a natural soil detoxifier, this means it will uptake any impurities in the soil it is planted in and it will come out in your product. An organically grown product is essential for effectiveness and safety.
  3. Hemp Derived- Make sure your product comes from the hemp plant and not the marijuana plant. While this typically falls on the shoulders of the manufacturer, it is important to seek out hemp companies when searching for a Delta 8 product.



Is Delta 8 legal in my state?

Though it may be federally legal, each state has laws that determine its legality within state lines. As of 2021, here is a list of states and the legality of Delta 8 products in each one:

Alabama: Delta 8 is legal in Alabama

Alaska: Delta 8 is illegal in Alaska

Arizona: Delta 8 is illegal in Arizona

Arkansas: Delta 8 is illegal in Arkansas

California: Delta 8 is legal in California

Colorado: Delta 8 is illegal in Colorado

Connecticut: Delta 8 is legal in Connecticut

Delaware: Delta 8 is illegal in Delaware

Florida: Delta 8 is legal in Florida

Georgia: Delta 8 is legal in Georgia

Hawaii: Delta 8 is legal in Hawaii

Idaho: Delta 8 is illegal in Idaho

Illinois: Delta 8 is legal in Illinois

Indiana: Delta 8 is legal in Indiana

Iowa: Delta 8 is illegal in Iowa

Kansas: Delta 8 is legal in Kansas

Kentucky: Delta 8 is legal in Kentucky

Louisiana: Delta 8 is legal in Louisiana

Maine: Delta 8 is legal in Maine

Maryland: Delta 8 is legal in Maryland

Massachusetts: Delta 8 is legal in Massachusetts

Michigan: Delta 8 is legal in Michigan

Minnesota: Delta 8 is legal in Minnesota

Mississippi: Delta 8 is illegal in Mississippi

Missouri: Delta 8 is legal in Missouri

Montana: Delta 8 is illegal in Montana

Nebraska: Delta 8 is legal in Nebraska

Nevada: Delta 8 is legal in Nevada

New Hampshire: Delta 8 is legal in New Hampshire

New Jersey: Delta 8 is legal in New Jersey

New Mexico: Delta 8 is legal in New Mexico

New York: Delta 8 is legal in New York

North Carolina: Delta 8 is legal in North Carolina

North Dakota: Delta 8 is legal in North Dakota

Ohio: Delta 8 is legal in Ohio

Oklahoma: Delta 8 is legal in Oklahoma

Oregon: Delta 8 is legal in Oregon

Pennsylvania: Delta 8 is legal in Pennsylvania

Rhode Island: Delta 8 is illegal in Rhode Island 

South Carolina: Delta 8 is legal in South Carolina

South Dakota: Delta 8 is legal in South Dakota

Tennessee: Delta 8 is legal in Tennessee

Texas: Delta 8 is legal in Texas

Utah: Delta 8 is illegal in Utah

Vermont: Delta 8 is legal in Vermont

Virginia: Delta 8 is legal in Virginia

Washington: Delta 8 is legal in Washington

West Virginia: Delta 8 is legal in West Virginia

Wisconsin: Delta 8 is legal in Wisconsin

Wyoming: Delta 8 is legal in Wyoming 

**Please check the legality of your state before you purchase your Delta 8 products. We will not ship to a state that does not allow Delta 8 products**


Will Delta 8 cause a failed drug test?

When you’re being tested for cannabis use, you are typically being tested for THC consumption. While the test itself doesn’t test for Delta 9 THC, it DOES test for the metabolites that come from the THC. Metabolites are the smaller molecules that are left over once your body processes the compound. Delta 8 THC and Delta 9 THC have some of the same metabolites. This is important to note as regularly using either of these products CAN result in a failed drug test even if they are in smaller doses like a Full Spectrum or Delta 8 only product.

Want to learn more about CBD products and whether or not they will cause a failed drug test? Learn more here!

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