What is Delta-8 THC?

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Delta-9 THC is the main psychoactive cannabinoid ingredient of the Cannabis sativa plant and is responsible for the clinical effects noted by individuals who use cannabis. While possession and/or use of cannabis has been legalized in many states, it is still currently illegal to use, sell, or possess cannabis, according to the federal government of the United States.

In 2018, the United States farm bill was passed with the purpose of supporting and stabilizing agricultural programs in the United States. Legislation included in the 2018 farm bill approved the sale and possession of hemp. Hemp is a variety of the Cannabis sativa plant that is grown specifically for industrial use, including the manufacture of rope, yarn, and burlap. The 2018 farm bill allows for the commercial sale and use of hemp, with the strict definition that hemp cannot contain more than 0.3% delta-9 THC. The bill does not address the possession, use, or sale of products that can be derived from hemp, including other biologically active components of cannabis (known as cannabinoids) such delta-8 THC.

Delta-8 THC is a “chemical cousin” of delta-9 THC. It shares a very similar chemical structure to delta-9 THC and acts on the brain in the same manner as delta-9 THC, but it is less potent. The reduced potency means that, compared with delta-9 THC, higher amounts of delta-8 THC are required to achieve the same clinical effects. However, the dosing of delta-8 THC has not been studied extensively in humans, and it is unclear what a “standard” dose of delta-8 THC represents. Also, because it is not specifically addressed in the 2018 farm bill, the legal status of delta-8 THC in the United States is unclear. As of June 2021, at least 15 states have banned or restricted delta-8 THC products, but in other states delta-8 THC remains legal and available for sale. In states where the sale of delta-8 THC is not restricted, the product may be available at tobacco shops in various formulations including gummies and vape cartridges. Because delta-8 THC products are not regulated by the federal government, the packaging may not be child-resistant and may contain cartoon-like images or other features that may be appealing to children.

If you or a loved one have a question about poisoning from delta-8 THC, use the webPOISONCONTROL® online tool or call 1-800-222-1222. Both options are free for the public, and available 24 hours a day.

Kelly Johnson-Arbor, MD
Medical Toxicology Physician