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Delta 8 Guides > Delta 8 Guide For Beginners: What is Delta 8 THC? Is Delta 8 Legal In My State?

Delta 8 Guide For Beginners: What is Delta 8 THC? Is Delta 8 Legal In My State?

July 14, 2021

What is Delta 8 THC - Is It Legal
Table of Contents

This Delta 8 guide for beginners will cover everything to know about this new and fantastic THC compound that has grown to be so widely popular. The bigger question here is why it has become so popular. Is Delta 8 Legal? Is it Safe? Where to buy Delta 8? We’ll do our best to answer that and many other questions in this post. We keep each section short and to the point, so as you scroll down the post, you can quickly get facts about this new compound.

Delta 8 THC has become more prevalent in recent years. Delta 8 THC is a type of non-intoxicating cannabis extract with common psychotropic effects. It’s an analog of Delta 9 THC, which started to gain popularity at the beginning of 2020. This new popular compound seems to help you relax and reduce stress levels while feeling a euphoric and relaxing body high without the unwanted paranoia and anxiety.

There are many cannabinoids in the hemp and cannabis plants, but Delta 8 THC is one of the most prevalent cannabinoids.

Main Keypoints

  • Delta 8 THC is a compound that started to flourish in the US market in 2019 and has since snowballed. You can find Delta 8 products all over the country.
  • It is currently federally legal per the 2018 farm bill and has caused quite a controversy in the markets.
  • Delta 8 THC is about half as potent as the more famous THC, Delta 9.
  • Many prefer this newer THC because it has a less psychoactive effect and minimal risk of anxiety or paranoia.
  • Delta 8 THC will give you a euphoric experience, and since it is a THC, it will also make you fail a drug test.
  • Most prefer to use Delta 8 THC in the evening hours because of its relaxing properties, similar to an Indica strain.
  • Delta 8 THC is extracted from hemp material, making it legal for any who lives in a hemp-friendly state.

What is Delta 8 THC?

Tetrahydrocannabinol, known as Delta 8 THC, is an essential compound in the cannabis plant that exists naturally and has milder psychoactive effects. It’s one of over 100 cannabinoids produced naturally by plants, but Delta 8 THC, is infrequent and available in small quantities. That means it’s not present at significant levels in any given variety or strain – or it is to be produced at a higher concentrated amount, you’ll need to look for it elsewhere. As a result, many create Delta 8 THC by converting hemp-derived cannabidiol (CBD) into Delta 8 THC.

Learn more about “What Is Delta 8 THC?

For delta-8 isomer to be created, you need specific equipment and a controlled environment where conditions are optimum for isomerization.

It is essential to know that Delta 8 THC does not offer the same psychoactive effects as you will find with Delta 9 THC. Even a low dose has little to no intoxicating levels, per the current research.

What Does Delta 8 THC Feel Like?

Consumers of Delta 8 THC mainly use it for its relaxing and elating effects. If you have a high THC tolerance and are used to consuming higher doses, you might need to double your dosages for the desired outcomes. These results are starkly different from Delta 9 THC products as they are not as psychoactive and potent. That said, you will still feel very similar but more as a body “high” vs. a head high, plus the anxiety that usually comes with D9 will be a rare sight when consuming Delta 8 THC.

How much THC should I take? Lower Doses. Vs. Higher Doses.

There is no set rule for all, as effects vary in how fast the body metabolizes the compound when consumed. Also, if you have a high tolerance plays an important role. You might be used to consuming THC products and looking at higher doses vs. those that haven’t tried THC or only tried it a few times and would want lower doses in smaller quantities. Also, remember that Delta 9 THC is significantly more potent than Delta 8 THC.

Even at a higher dose of Delta 8 THC, you might feel dizzy or have slight unease for a brief period, but shortly after, you feel good and often experience an elevated mood. With D9, you can quickly get into a stage of paranoia and anxiety if taking too much. With Delta 8 THC, you do not, which is one of the main reasons this compound has gained so much popularity throughout the nation. We suggest you start with low doses, get a feel for how long it takes to kick in and how potent it is, and see the potential benefits of it.

What is the difference between Delta 8 THC vs. Delta 9 THC?

Delta 8 THC is half the potency of Delta 9 THC. Despite being weaker, it is considered very potent. Delta 8 THC is listed as an illicit chemical under Schedule II that is much easier to obtain (at least how things are currently) than conventional THC products. Delta 8 THC is considerably less likely to cause anxiety as a side effect which is a primary reason many decide to try Delta 8 THC. Plus, its potential health benefits include pain relief and how it works directly with our endocannabinoid system for increased wellness. Delta 9 THC holds this bond on the 9th carbon chain, while Delta 8 offers a more subtle chemical structure. The difference is slight – but enough that these two compounds each have different effects.

How long does Delta 8 THC take to kick in?

Delta 8 THC usually kicks in between 30 – 60 min when enjoying our gummies/ and or oil or gel caps. On the other hand, if smoking hemp flower with Delta 8 THC or as a vape, you will feel it instantly. When taken orally, be careful not to take the 2nd dose too fast, as there’s a delayed onset. In summary, we suggest waiting up to 2 hours until taking another dose of Delta 8 THC. Some products, such as our Delta 8 THC gummies or softgels, may have a more prolonged effect, so we advise you to be cautious.

Related Article: How long does Delta 8 Stay in your system?

Will Delta 8 THC get you high?

Delta 8 THC has similar desired effects as Delta 9. Some people feel the slight sensation of a clear-headed high, while others experience it as a more body high. The intensity of these effects varies depending on the person and also on how much you consume. If you want to avoid the feeling of an intense “high,” it is recommended to take Delta 8 THC with low concentrations. Most users start with about half a gummy for a mild sense of you consume gummies. Over time you will understand how your body responds to Delta 8 THC and decide how much you need to get the best possible experience.

Related Article: How Long Does Delta 8 High Last?

Can you fail a drug test after consuming Delta 8 THC?

The use of Delta 8 THC products can cause a drug test to test positive. The result is mainly because Delta 8 THC produces the same metabolites as Delta 9 THC, which may trigger a positive test. As with any drug, the likelihood of a positive test depends on several factors like duration of use, kind of test, and body chemistry. So when you go out and get any of the various drug tests on the market, you can be sure that it will trigger when consuming THC-related products such as Delta 8 gummies, Delta 8 THC tincture, and similar.

Is Delta 8 THC safe?

Delta 8 THC has no different safety profile or chemical composition than some Cannabinoids found in the cannabis plant. Nevertheless, it needs consideration when choosing Delta 8 THC. Since writing this post, there have been no direct toxic effects caused by Delta 8 THC.

The most commonly used method of producing Delta 8 is to convert CBD from the hemp plant to Delta 8 THC. This allows producers to market “legal” Delta 8 THC because it’s derived from hemp (not marijuana) but with the same effects. The process of converting CBD to THC requires the use of an acid catalyst and an organic solvent. If these compounds are not eliminated from the final product, they may cause damage to the neurological, kidney, hepatic, or digestive systems. CBD-derived THC can be considered unsafe unless proper testing by third parties shows it does not contain toxic chemicals or similar.

What is Delta 8 Good for?

THC has been essential in medical research for centuries, as this compound offers various health benefits. Especially now, we are starting to learn more about the human endocannabinoid system and how the receptors work.

Delta 8 has been shown to bind to the CB1 receptors responsible for helping major bodily systems, including your nervous and immune systems. Feedback from customers also indicates that Delta 8 THC has excellent benefits as a natural remedy, such as mild pain, stress relief, relaxation, deeper sleep, and overall health and well-being. THC, in general, has been shown to assist with many other areas thanks to the cannabinoid receptors we have in our bodies.

Early studies have also demonstrated that Delta 8 THC may improve appetite and reduce nausea or vomiting, positively impacting the digestive tract.

Now that we answered the most general questions related to Delta 8 THC, let’s dive deeply into the legalities behind this THC compound and get a legal perspective on what is currently going on in the THC space. 

In short, the 2018 farm bill has allowed this new exciting THC cannabinoid to be sold nationwide.

Delta 8 THC is not regulated at this time under Federal Law, making it essentially “legal” since the federal government is failing to control or place restrictions on the substance. With that said, several states have already started to pass laws regulating its use for selling and consumption, now banning it altogether. As of November 2, 2021, the DEA is finally beginning to show some positive feedback. The latest statement is Delta 8 from hemp is NOT a controlled substance. For further details, head on to Rod Kight’s blog to see his post about this exact topic.

Delta 8 THC is a type of cannabinoid that comes from hemp plants. It has less than 0.3% Delta 9, which makes it less intoxicating. It’s derived from hemp and has a CBD-like legal status as long the Delta 9 is below the limit of total dry weight.

The public’s opinion about THC has changed drastically over the years, and so have individual states’ stances. In some states, tolerance is high, while others refuse to legalize recreational or medical consumption. THC has exploded, and because of these newer THC compounds, there seems to be a more “ease” in the market that this is here to stay… or at least we hope!

The question is, how long can the legal status last? It’s still very unclear how long this loophole lasts before regulations come in.

If you look at the CBD market, it has the same turbulence in the beginning years and still has to some degree. Today you will find CBD products on sale at many stores in your town or city, and when searching online, you will find countless amounts of various CBD products. If federally legal hemp laws are somehow changed, Delta 8 THC could become illegal, but we are crossing our fingers that it will go in the same direction as it did with the CBD market. We will see more willingness from the government and drug administration.

THC from Marijuana remains illegal federally

Currently, the only THC or isomer, which is federally illegal, is Delta 9 THC isomer, which you usually know from the Marijuana plant. Since Delta is created from 100% hemp material, it makes it federally legal, although it can be added to the Controlled Substances Act later.

What makes Delta 8 THC legal is that the Federal Government is not putting any restrictions on its sale or possession and therefore hasn’t made rules for businesses selling these products; however, as mentioned above, several states have already banned it.

Let’s look into what states have currently banned this THC compound.

What states have heavy restrictions for Delta 8 THC?


Delta 8 THC is not currently approved for use in the State of Alaska.

Alaska is among the few states that allow marijuana recreationally. However, only adults over 21 are eligible to buy a cannabis product, which prohibits teens. Notably, Alaska has a specific ban on Delta 8 THC, which may not align with current regulations.


Delta 8 THC, a synthetic cannabinoid, is currently not legal in the State of Arizona. Not too long again, Arizona passed a bill that allows the use of marijuana recreationally — so Delta 8 laws are now outdated. We expect to see this law overturned soon to conform with the current marijuana policy.


Delta 8 THC is illegal in Arkansas.

Arkansas laws have made it difficult to issue medical marijuana prescriptions to residents, making it even more difficult for out-of-state visitors seeking them. Delta 8 THC is still illegal in Arkansas and is listed with other controlled substances.


Colorado has changed its stance on Delta 8 THC. It is now saying any isomers that come from CBD or hemp-derived material such as Delta 8 THC, D9, and D10 are now illegal to manufacture, produce, sell or buy in the State of Colorado.


As of Nov 2021, Delta 8 THC is illegal in the State of Delaware.

In Delaware, marijuana is now legal in a way. But all other types of tetrahydrocannabinol (THC) are still illegal, even if they come from somewhere else.


Idaho is one of the strictest states on cannabis. Some other states have made it legal, but Idaho has not. All tetrahydrocannabinol (THC) forms are illegal in Idaho, including Delta 8 THC. Any THC compound is not legal in the State of Idaho.


Unfortunately, Montana joins the states that have banned selling Delta 8 THC. The regulations clearly State that tetrahydrocannabinol (THC) is prohibited and clarify that all Delta 9 isomers are Schedule I substances. The vital thing to notice is that the word “tetrahydrocannabinol” is plural and covers all forms of THC, not just the Delta 9 THC isomer.


Is Delta 8 THC legal in Mississippi? Mississippi has restricted all THC compounds, including both natural cannabis products and synthetic THC. As long the maximum Delta 9 THC is below 0.30%, you can still enjoy Delta 8 THC.

Rhode Island

The regulation of Delta 8 THC is unclear in Rhode Island, and according to prominent cannabis lawyers, it’s likely considered illegal.


In a State where medical marijuana, CBD, and hemp-derived products are legal according to the HB 3001 act, they banned specific Delta 8 THC products and classified them as Schedule I drug if the total surpassed 0.30% THC. 


Delta 9 THC is a controlled substance in the State of Vermont.

Vermont’s most recent ban on Delta 8 THC was going into effect on April 23, 2021. There were no changes to the law, but Vermont’s Agency of Agriculture and Markets (AAFM) statement clarified that Delta 8 THC counts as synthetically-derived marijuana.

What states is Delta 8 THC currently in a grey area?


Since the new AB-45 bill got signed, there have been a few changes to what California allows. It was very similar to how Texas seemed to handle it before a Texas judge put a block on the “ban”. All THC compounds present in any hemp products by dry weight can only contain a max of 0.30% THC, whether it’s Delta 8 THC, Delta 9, or Delta 10.


In the updated legislation from 2020, Iowa defines hemp in a similar definition to the one used by federal legislation. Hemp and most hemp-derived cannabinoids are legal in the State; however, the State, unfortunately, kept a ban on tetrahydrocannabinols (THC) derived from cannabis in concentrations exceeding 0.3%. That also includes Delta 8 THC and other THC compounds. Make sure you only get products that have less than 0.30% THC of total dry weight. 


Delta 8 THC is a chemical that is legal in Nevada. It’s complicated, but you can’t get into any trouble with this chemical because it’s legal.

Nevada State Law NRS-557 says that anything with the word THC refers to both Delta 9 and Delta 8 THC.

Delta 8 THC products (whether from hemp or marijuana) must be registered as marijuana products. This is more difficult for people because they can’t just report it as a hemp product and ship it to Nevada. Marijuana and its derivatives were made legal in Nevada in 2020.


When it comes to the State of Kansas, is Delta 8 THC legal there? The short and sweet answer is yes.

Specific laws list possession of Delta 9 THC products as a misdemeanor — even if they contain no mention of other variations like Delta 8 THC or Delta 10 THC.

Know the risks before using Delta 8 THC in Kansas. This cannabinoid is currently caught up in a legal grey area, and it can be difficult to discern where an eighth of cannabis or hemp extract ends and Delta 8 THC begins without a lab test.


Michigan State recently passed a new regulation that it is illegal for businesses to sell Delta 8 products without proper licensing from the MRA (Marijuana Regulatory Agency) and rigorous product testing before selling to ensure public health and safety. That means Delta 8 THC products can currently only be found in registered dispensaries.

New York

According to New York State law, it’s restricting companies, manufacturers, and vendors from producing, selling, and distributing Delta 8 products. That said, the State has not banned the possession of Delta 8 products, so as an end consumer, you can still enjoy this newer THC compound.


Delta 8 THC may have been legalized in Oklahoma, but only with conditions. Otherwise, Delta 8 is still highly illegal and can cause criminal penalties just by possessing the distillate.

In Oklahoma City specifically, if a person cannot prove that their product contains no hints of Delta 9-THC or any other cannabinoids except for CBDs, they will be fined and charged with a misdemeanor.

Oklahoma is one of the states that is very strict about cannabis. There is no information yet about whether the isomer is legal or not. Keep in mind that if it is derived from marijuana, it is illegal in this state, even for medicinal purposes.


The State recently tried to Delta 8 THC and get it classified as Delta 9 THC as a Schedule I drug. In 2021 this compound was on a real rollercoaster in regard to its legalities in Texas. It used to be illegal to purchase and sell hemp-derived Delta 8 THC products, however, after all, was set and done, the compounds remind legal to purchase. Because the rules still live in a somewhat grey area, you still have to keep yourself up-to-date with what’s going on there to avoid getting into any issues. For starters, we always suggest checking out our lower dosages, such as 10mg Delta 8 Gummies and our Delta 9 Gummies.

Now we are done looking at the states that have banned Delta 8 THC and those in a current grey zone, let’s take a look at those where you, as the consumer, can still enjoy this great new THC compound without you having to worry.















New Hampshire


New Jersey

New Mexico

North Carolina

North Dakota




South Carolina

South Dakota




West Virginia



Delta 8 THC is in an unclear legal State, with it only recently becoming popular. The most important thing to know about Delta 8 THC is that its legality varies by location — though the best sources believe it’s legal in places where most other cannabis extracts with psychoactive ingredients are banned.

One of the things people like about Delta 8 THC is that it’s more calming and relaxing than the other type of cannabinoid, and Delta 9, for that matter, which means it’s better for promoting sleep and alleviating stress. It also doesn’t cause the same type of anxiety, even with high doses, as you usually would experience with the Delta 9 compound. However, it does stay in your body as long as Delta 9 THC would do.

In the future, we may determine the legality of Delta 8 THC more clearly with help from regulators like the DEA, FDA, TGA, Health Canada, and other governmental agencies.

The most likely impact of new laws is that Delta 8 THC will be considered legal — but there may be more restrictions.

Final Thoughts – Delta 8 Guide For Beginners

To sum it up, is Delta 8 THC legal in the US? Yes, in most states, but it’s still a grey zone, so stay updated on current regulations in your State. The drug enforcement administration, also called the DEA, has been playing with its muscles, too; however, the DEA seems to change its stance on this new THC compound slowly. We sure hope these trends keep progressing, so the regulations are becoming lighter regarding cannabis which would greatly benefit the hemp industry as more countries and individual states legalize these products.

Interested in learning more about what Delta 8 THC products we have you can go to our shop. Feel free to ping us on our chat or give us a call or email if any questions. We are always close by to assist you in this new landscape of THC.

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FAQ About Delta 8 THC

Is Delta 8 illegal in any states?

Currently, several states have put restrictions on selling Delta 8 THC products, whereas only a handful has banned THC in general. That means in those states, you can only buy non-THC products. Other states that have restricted the selling of Delta 8 THC have a total THC of 0.30% or even 1%. So make sure you do your due diligence when looking into what states are more hemp-friendly than others.

Is Delta 8 Legal in all 50 states?

Not at this current time. Several states have put restrictions on Delta 8 THC. Some have banned THC altogether, whereas others have restricted the total THC you can have in the product. Just be careful, as many online sources claim one State has banned Delta 8 THC, where the reality is they have just restricted it. Please do your due diligence when it comes to finding the correct information on which states have it banned or not.

Can I order Delta 8 online legally?

Currently, you can only purchase Delta 8 THC products in states that allow it. Although, you can still find online shops that can deliver to states that might be in a grey zone.

Can Delta 8 get you high?

The short answer is yes. Many have reported they feel a euphoric feeling when consuming Delta 8 THC. As always, start slow and see what doses are good for you.

Is Delta 8 THC Safe?

Delta 8 THC that originates from hemp-derived material is considered safe. What might end up being dangerous for the consumer is when poor-quality products are sold by sellers that focus on quantity over quality.

Is Delta 8 FDA approved?

As it stands, the FDA has NOT approved or evaluated this THC compound.

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