Delta-8 THC

Definition: Delta-8 THC is an intoxicating cannabinoid that’s a close chemical cousin of delta-9 THC, the main psychoactive compound in marijuana. Cannabis makes only trace amounts of it, so most delta-8 on the market is made by chemically converting hemp-derived CBD. It gets you high, and federal law is about to close the loophole that let it be sold as hemp.

How Is Delta-8 THC Made?

Because natural levels are so low, manufacturers usually start with CBD extracted from hemp and use chemical reactions to convert it into delta-8. The FDA warns that this can involve potentially unsafe chemicals and can leave harmful by-products, especially when it’s done in uncontrolled settings.

Is Delta-8 THC Safe?

Delta-8 has psychoactive effects similar to delta-9 THC. The FDA says it has never evaluated or approved delta-8 products, and it received 104 adverse event reports between December 2020 and February 2022. A 2021 CDC health advisory flagged rising poison control calls, mislabeled products, and children accidentally eating delta-8 gummies that look like candy. Reported effects include vomiting, confusion, anxiety, and loss of consciousness.

Is Delta-8 THC Legal?

The 2018 Farm Bill defined hemp as cannabis with no more than 0.3% delta-9 THC by dry weight. Delta-8 sellers used that wording as a loophole. In November 2025, Congress changed the definition in the appropriations law that ended the government shutdown. Hemp will now be measured by total THC, finished hemp products will be capped at 0.4 mg of total THC per container, and cannabinoids synthesized outside the plant won’t count as hemp. The change takes effect December 11, 2026, after a delay, and it will effectively ban most delta-8 products. Many states already restrict delta-8, so check your state’s rules too.

Related terms: Tetrahydrocannabinol (THC), Hemp, 2018 Farm Bill, Cannabinoids

Sources: FDA: 5 Things to Know about Delta-8 Tetrahydrocannabinol; CDC Health Advisory (September 2021): Increases in Availability of Cannabis Products Containing Delta-8 THC and Reported Cases of Adverse Events; Congress.gov: H.R. 5371, Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026.

Last reviewed October 2026. This entry is for general education and isn’t legal advice.