Before we discuss the compound itself, we need to talk about where Delta-8 comes from—hemp.
Hemp: Legality and Types
Both hemp and marijuana are the same species—cannabis. All hemp is cannabis, and all marijuana is cannabis. Kind of like how all labradors are dogs, and all huskies are dogs. The reverse is not true, however. Not all dogs are labradors, nor are all dogs huskies. Similarly, not all cannabis plants are hemp, and not all of them are marijuana. What distinguishes hemp from marijuana, you may ask?
The federal government answered this question through the 2018 Farm Bill. This document legalized hemp and its derivatives on a federal level, with many state governments following suit. According to the 2018 Farm Bill, hemp is cannabis with a 0.3% or lower concentration of Delta-9 tetrahydrocannabinol, and marijuana is cannabis with any concentration higher than this.
This same principle applies to hemp-derived products (unless you live in one of the states that have banned certain hemp-derived cannabinoids). THC edibles, capsules, and tinctures, for example, are legal if they are made with hemp-derived cannabinoids and contain a 0.3% concentration or lower of Delta-9 THC.
"Hemp? But isn't that just a bunch of stalks people harvest for rope, clothes, and other items?"
Yes, in some cases. But the truth is that there are two main categories of hemp. There is industrial hemp, which is grown for its fibrous properties, and there is consumable hemp, which is finely cultivated for smell, flavor, taste, and cannabinoid content.