In December 2018, with the passage of the Farm Bill, Hemp products with allowable amounts of THC have been legalized.However, since September 2019, we have all noticed that most CBD brands have begun advertising and selling other products, including one called delta 8 THC.

All the CBD websites or pharmacies you visit will definitely display delta 8 THC products in large quantities. But shortly after the THC Delta 8 product storm in the CBD market, there was a wave of misinformation and confusion about the legality of delta-8 products. For the activated delta 8, not to be confused with the federal illegal delta 9 THC.

From the beginning, the legality of THC delta 8 has been a complex issue. Many CBD industry veterans claim that THC-8 is legal, while others oppose it.

Are you also one of the puzzled souls who are in a dilemma about the legality of delta 8 THC like millions of other CBD enthusiasts or do not know what delta 8 is? do not worry! This blog will definitely answer all your questions about delta 8 and its legality.

But before we understand the legality of delta 8 CBD, let us 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 that there are almost 144 known chemicals in cannabis plants, Also known as cannabinoids. Some known substances are CBD, THC, CBG, CBN and so on. THC as we know it is a form of THC called Delta THC-9, a psychoactive compound that can excite you.

Many people don’t know that THC is not a single compound, but it is usually a family of compounds called analogs. In addition, different THC analogs respond differently to the body. Therefore, when CBD products refer to-THC, they usually refer to Delta 9 THC, a compound known to have a euphoric effect 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 potent 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.

In addition, compared to delta 9, delta 8 provides a less intense euphoric effect, with little or no anxiety-causing effect. In addition, it also provides a series of benefits that CBD can provide, including improving appetite, reducing nausea, enhancing mental calm and relaxation, reducing fatigue and anti-insomnia, etc.

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

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 non-biologically active cannabidiol, while THC delta 8 is stable and does not oxidize cannabidiol. In addition, it has a relatively long shelf life. In addition, due to their similar structure, delta 9 and delta 8 also have almost the same pharmacological characteristics.

Please also note that the THC we know or found in weeds or marijuana is called delta 9 THC. This THC simulation makes you feel excited or dizzy while consuming. Since many people do not like this effect because it will affect their work, they only like CBD products.

On the other hand, Delta 8 THC has the same effect as Delta 9 THC, except that it does not have all those paranoid or “high” feelings.This ultimately means that you will not feel dizzy, nauseated or euphoric when using delta 9 THC delta 8 CBD products.

Another important factor in the increasing demand for Delta 8 is that it is much cheaper than Delta-9. For those seeking short-term excitement without being intoxicated, the affordable cost makes delta 8 CBD a viable option.

Health benefits of Delta 8 THC

As we all know, Delta 8 is a relaxant and sometimes relieves pain. According to the National Cancer Institute, delta 8 is described as stimulating appetite, having pain relief and neuroprotective properties.

Delta 8 does not produce mental effects or “high”, providing a variety of significant health benefits. Because of its good response to the body, it is used in many products. Below are some recognized health benefits of Delta 8 THC.

THC delta 8 is usually used for pain management.

  • Delta 8 can improve our physical and mental health.
  • 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.
  • Remove psychological barriers and provide a sense of calm and relaxation.

In addition to these benefits, delta 8 THC also provides many other medicinal benefits.

Users of delta-8 describe it as similar to delta 9 THC or THC but more gentle. However, delta 8 naturally only exists in a few percent. In addition, the stone feel of delta-8 is not as durable as delta 9.

After reading these benefits, you must be wondering how this compound can be illegal! Yes, the next section will remove all your doubts about the legality of delta 8 CBD.

Is Delta 8 THC legal?

There are too many confusions and doubts about the legality of THC delta 8 among CBD users, CBD manufacturers and the CBD industry itself. Therefore, it is necessary to solve this problem so that individuals can purchase these products without any worries.

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

The 2018 Farm Bill clarified the legal status of non-psychoactive cannabis plants. The bill also announced that if the THC content of cannabis products is less than 0.3% (the allowable amount), they will be considered legal.However, the problem is that the Farm Bill only mentions Delta 9 THC, But did not specify the amount of THC Delta 8.

Another factor that complicates the legality of delta 8 is its process. According to the DEA (Drug Enforcement Administration), it is legal to extract Delta-8 THC from marijuana, but the comprehensive conversion of CBD to delta 8-THC makes it illegal.

Some manufacturers argued for its legality by referring to the 2018 Farm Act, which legalized hemp and its derivatives, while other manufacturers warned of producing and possessing the substance because it is classified as a Schedule I substance by the DEA. And worry that the compound falls under the jurisdiction of the FAA. Federal Simulation Act).

However, as of now, no agency has explicitly stated that it is completely prohibited. Nevertheless, more than 10 states have completely banned the use of delta 8, mainly through guidelines in the controlled substance laws of each state.

Due to the extremely low levels of THC 8 found in hemp factories, for most manufacturers, synthetically altering CBD with the help of chemical catalysts is considered a cost-effective way to produce wholesale THC delta 8. However, DEA believes that the delta-8 THC produced is “synthetic derived” and therefore belongs to Schedule I narcotics.

This uncertainty in the legality of THC-8 prompted the DEA to propose an August 2020 appendix. The appendix clarifies the legal status of THC delta 8. The appendix states-“For synthetically derived tetrahydrocannabinol, the concentration of Δ 9-THC is not a determinant of whether the material is a controlled substance. All synthetically derived tetrahydrocannabinol still belongs to Schedule I controlled substances.”

To alleviate customer concerns, many CBD manufacturers have added a complete section to their website or store, specifying the states where they will provide delta 8 THC products, and the states where they will not.

On the other hand, many CBD pharmacies and pharmacies buy these products in bulk from other suppliers and rename them under their own brands to prevent any legal issues.

Finally, we recommend that you check the legality of delta-8 THC in your state before ordering or purchasing products. According to state law, THC delta 8 may be completely illegal in your state. For example, if you live in Connecticut is legal, and if you live in California, it is “probably legal.” Therefore, please check the legality of THC-8 products according to the laws of your state before placing an order.

At John’s CBD, the leading CBD website in the United States, we have a series of THC-8 products. All our products are 100% pure organic and do not contain any impurities. In addition, all our products have passed strict quality inspections to ensure that our products are always one of the best in the CBD industry.You can view our full range of products CBD products are here:


From the beginning, the legality of delta-8 has been a complicated issue. A quarter of people claim that if we extract delta 8 THC directly from the cannabis plant instead of comprehensively processing it, then it is legal. At the same time, others believe that delta-8 is illegal under DEA Addendum 2020. Therefore, we believe that a relatively better way to find out the legality of THC delta 8 is to check the laws of your state. If your country allows it, it is legal; otherwise, it is not!

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