What is Delta-8 THC?

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The bottom line

Delta-8 THC is similar to delta-9 THC, the main psychoactive ingredient of cannabis, although it is less potent. The legal status of delta-8 THC is vague; it is legal in some states but has been banned or restricted in others as well as at the federal level.

Prevention Tips

Keep all potentially dangerous products, including delta-8 THC, well out of the reach of young children and pets.
Since the sale of products containing delta-8 THC is not regulated by the federal or state governments, ingredients and potency might not be as claimed, and packaging might not be child-resistant.
Familiarize yourself with the laws surrounding the sale and use of delta-8 THC where you live. Even though delta-8 THC is legal in some states, it is restricted or illegal to use, possess, or sell it in other states.

This Really Happened

After being picked up from daycare, a 3-year-old boy found a package of delta-8 THC-infused gummies left behind in the car by one of his father’s coworkers. The boy ate 2–3 of the gummies. An hour later, the boy was taken to a children’s hospital because he had become very lethargic. At the hospital, his heart rate was high (157 beats/minute), and his blood pressure was low (50/30 mm Hg). He was given IV fluids to counteract these effects. During his first hospital day, he remained sedated but was arousable. His urine was positive for cannabinoids but was negative for delta-9 THC. The boy was discharged on hospital day 2 (from Shaker et al., 2023).

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What Is delta-8 THC?

Delta-8 tetrahydrocannabinol (delta-8 THC) is a chemical found naturally in small quantities in the Cannabis sativa plant. C. sativa is also the source of delta-9 THC, the desired psychoactive component of cannabis. Due to the difficulty of extracting delta-8 THC from cannabis plants, most delta-8 THC incorporated into products is man-made by chemical conversion from cannabidiol (CBD).

Delta-9 THC vs. delta-8 THC

Delta-9 tetrahydrocannabinol (THC) is the main psychoactive cannabinoid ingredient of the Cannabis sativa plant and is responsible for the clinical effects noted by people who use cannabis.

Delta-8 THC is a chemical cousin of delta-9 THC. It 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, larger amounts of delta-8 THC are required to achieve the same clinical effects. However, the dosing of delta-8 THC has not been extensively studied in humans.

What are the effects of delta-8 THC exposure?

The effects of delta-8 THC resemble those of delta-9 THC and include sedation, rapid heartbeat, confusion, impaired coordination and judgment, and forgetfulness. Seizures have been occasionally reported with delta-8 THC. Because of their smaller body sizes, when given the same dose of a delta-8 THC product, children will be more likely to develop symptoms, and their symptoms can be more severe.

Is delta-8 THC legal in the US?

In 2018, the US Farm Bill was passed with the purpose of supporting and stabilizing agricultural programs in the US. Legislation included in the 2018 Farm Bill approved the sale and possession of hemp. Hemp is Cannabis sativa 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 did not address the possession, use, or sale of other products that can be derived from hemp, including other biologically active components of cannabis (known as cannabinoids) like delta-8 THC.

As of 2023, at least 24 states had 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 or even gas stations in various formulations, including gummies and vape cartridges.

In 2025, as part of legislation to end a federal shutdown, key changes were made to the Farm Bill. Total THC concentration (not just delta-9 THC) is now limited to 0.3% dry weight, hemp products are limited to no more than 0.4 mg total THC per package, and cannabinoids that are synthesized by chemical conversion (like delta-8 THC) are no longer permitted. These limitations will take effect November 12, 2026 and will likely eliminate access to most consumable intoxicating hemp products in gas stations and retail stores.

It is important to note that while possession 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.

Are delta-8 THC products safe?

Because delta-8 THC products are unregulated, their efficacy and safety are not guaranteed. Furthermore, there can be considerable disagreement between the advertised and actual contents of the products. Manufacturers and retailers can also make unsupported claims about the contents and effects of the products. The packaging might not be child-resistant and could contain cartoon-like images or other features appealing to children.

What to do if someone is exposed to delta-8 THC

If you 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.