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Delta 8: Is Delta 8 Legal Or Safe?

Delta 8 is a new compound out there made from hemp, but it’s very different from CBD and the other safe compounds for sale.

Unlike CBD and other compounds found in hemp and cannabis plants, it is not found in large amounts in any plants. That means these products are produced through additional laboratory processes, which are both unsustainable and unregulated. We’ll explain more about this below. 

Another thing to know up front is that Delta-8-THC products are intoxicating. Unlike CBD, Delta 8 causes the feelings of “being stoned,” though often at a lesser degree than marijuana. That makes it potentially unsafe to take in many instances, such as at work and while driving.  

However, unlike the products sold in states with legal medical or recreational marijuana, there are no standards or regulations to keep you safe when you take it. Some products we’ve seen even lack ingredients lists!

Keep reading and we’ll explain more about why you might be wary of this new compound.

A Brief Delta 8 FAQ

Here’s some quick facts about Delta-8-THC which outline why these products might not be as safe as people think. 

  • Delta-8-THC is not naturally found in high amounts in hemp or cannabis, and must be synthesized from CBD in a laboratory.
  • Not only is this process itself potentially unclean, residue from the chemicals used in the transformation from CBD to Delta 8 could remain in the final products. These residues would not show on standard lab tests.
  • As a result, there’s no way to know if Delta 8 products are clean or not.
  • Smokable Delta 8 products, such as ‘flower’ or pre-rolls, contain additional adhesive substances which could pose a danger to consumers.
  • Creating it from CBD is a wasteful and unsustainable process for the environment.
  • States are rapidly making Delta 8 products illegal, and it could someday be federally illegal too.
  • These products are often improperly labeled, without consideration for consumer safety or protecting kids.

What is Delta-8 and how is it different from regular forms of THC?

Delta 8 is short for Delta-8-THC, the name for the compound found in these products. It’s molecularly extremely similar to Delta-9-THC, which is the active ingredient in the marijuana products you might buy in a dispensary.

But it exists in minuscule quantities in hemp and cannabis plants. It technically exists in nature, but there’s just not enough of it for you to notice. More importantly, there’s not enough to make the final product. Instead, through heat, pressure and potentially additional solvents and chemicals, CBD gets converted into another.

The current glut of products result from an overproduction of CBD. With too much raw CBD sitting in company warehouses, some chemists began transforming CBD into Delta 8 and marketing it as a unique product of its own.

The compound does make you “feel stoned,” though people report feeling far weaker effects than products made from conventional THC. It’s also a major difference from CBD products, which don’t make you feel high at all, but do offer unique wellness benefits. 

CBD products are also made from hemp that’s been naturally bred to have large amounts of CBD and other cannabinoids. That means they’re simply extracted from the plant and mixed with natural ingredients, like carrier oils, to create CBD products.

Not only does the experience of taking it differ from both THC and CBD, for many people it could be considered too unnatural to be comfortable taking it.

In addition, making these products is environmentally unsustainable. About 85% of the CBD extract ends up being discarded, meaning most of the hemp plant is wasted.

A loophole that's quickly closing

Delta 8 products exist through a loophole left behind in the 2018 Farm Bill, which helped to fully legalize hemp and products like CBD.

However, Congress definitely did not intend to legalize products that make you high. Even though support for legal cannabis is growing nationwide, it’s also important to lawmakers, consumers and the industry that the two remain separate.

Aside from these valid ethical concerns about this compound, it’s just a fact that these kinds of legal loopholes get closed quickly. The Drug Enforcement Agency is already reportedly looking hard at a ban. And 11 states and counting have banned Delta 8 entirely. So even while it remains federally legal, it could disappear quickly from stores near you. According to Hemp Industry Daily, an additional 6 states, or more, are considering their own laws or regulations banning this substance. 

A safety warning about smokable Delta 8 products

We don’t sell any smokable products at Anavii Market. Even so, we wanted to leave a final warning about potential risks from smoking Delta 8.

We explained above that it only exists in tiny quantities in natural hemp plants. Unlike THC or CBD, that means there’s no such thing as “Delta 8-rich hemp.” 

To create smokable hemp flowers with Delta 8, manufacturers first create already potentially impure extracts in their labs, as outlined earlier. Then, they add additional adhesive substances. There’s absolutely no regulation or oversight on the safety of these adhesives.

That makes us nervous, especially given the recent history of health risks from black market THC vapes

Anavii Market only sells safe, lab-tested CBD & hemp

Anavii Market only sells fully legal CBD and full-spectrum hemp extract products. We verify third-party lab tests for every product we sell to ensure they’re free of dangerous impurities. 

Contact Anavii Market and we’ll help you pick safe, reliable CBD:

  • Call – 502-209-8808
  • Email –
  • Message us on social media – @anaviimarket or @anaviimarketcbd

Anavii Market co-founder Annie Rouse contributed to this story.


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