Delta-8 vs delta-9 THC: the difference, and is it legal?

	Delta-9 THC	Delta-8 THC
What it is	The primary psychoactive compound in cannabis	Another form of THC
In the plant	The main THC	Present, but not in significant amounts
How products are made	From cannabis grown for THC	Typically manufactured from hemp-derived CBD
Effects	The "high" associated with cannabis	Psychoactive and intoxicating, similar to delta-9
FDA review	Not covered here	Not evaluated or approved for safe use
Where it is sold	Licensed dispensaries in legal states	Online and in stores, often labeled as hemp

The delta-8 column comes from the U.S. Food and Drug Administration; the description of delta-9 comes from the Congressional Research Service.

Delta-8 THC is produced naturally by the cannabis plant but, in the FDA's words, "is not found in significant amounts." As a result, "concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD)."

FDA ↗

That conversion is where the FDA's concern starts. It says additional chemicals are needed to turn CBD into delta-8, that some manufacturers "may use potentially unsafe household chemicals," and that the final product may contain harmful by-products.

Yes. The FDA states that "delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC." It also warns that products labeled simply as hemp "may mislead consumers who associate 'hemp' with 'non-psychoactive.'" FDA

The agency received 104 reports of adverse events involving delta-8 products between December 1, 2020 and February 28, 2022. Of those, 55% required intervention or hospital admission, and 66% followed eating delta-8 food products such as brownies and gummies. Reported effects included hallucinations, vomiting, tremor, anxiety, dizziness, confusion and loss of consciousness. If someone has taken too much, see our guide to greening out.

It has been sold as hemp under the 2018 federal definition, which limits only delta-9 THC to 0.3%. That changes on December 11, 2026, when the federal definition of hemp switches to total THC. The Congressional Research Service notes the new threshold is "based on total THC concentration (including delta-8 THC, delta-10 THC, and THC-O), rather than only on the concentration of delta-9 THC."

Congressional Research Service ↗

The new definition also excludes cannabinoids that were "synthesized or manufactured outside the plant" and final products with more than 0.4 milligrams of total THC per container. States have their own rules as well. Our guide to the federal hemp rule has the dates, and our state law pages are the place to check where you live.

Delta-9 from marijuana is a separate matter: it is legal to buy only under state law, in states that allow it. Our federal status page covers where federal scheduling stands.

Is delta-9 the same as THC?

In everyday use, yes. Delta-9 THC is the primary psychoactive compound in cannabis, and it is what a dispensary label means by THC.

Is delta-8 weaker than delta-9?

The FDA describes delta-8's effects as similar to delta-9 and gives no comparison of strength. It warns that delta-8 products likely expose people to much higher levels than occur naturally in the plant.

Is delta-8 safe?

The FDA says delta-8 products have not been evaluated or approved for safe use in any context, and it has received reports of adverse events, more than half of which required intervention or hospital admission.

What is delta-10?

Another form of THC. The Congressional Research Service lists delta-10 alongside delta-8 and THC-O as forms of THC that count toward total THC under the new federal hemp definition.

Will delta-8 be illegal after December 11, 2026?

Under the new federal definition, delta-8 counts toward the total THC limit, and final hemp products are capped at 0.4 milligrams of total THC per container. Bills to delay or repeal the change were pending in October 2026.