January 7, 2026
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In a nutshell, Delta-8 THC comes from cannabis, and weed is a type of cannabis.
Marijuana (weed) and hemp are both types of cannabis plants, but the small yet crucial difference between them is their concentration of Delta-9 THC. Legal hemp contains less than 0.3% Delta-9 THC, while marijuana contains anything above that limit.
Delta-8 is in weed like caffeine is in coffee. Delta-8 THC is a minor cannabinoid that occurs naturally in cannabis plants (both hemp and marijuana) but in much smaller amounts than Delta-9 THC, which, as previously stated, is the primary psychoactive constituent in these plants.
The key points to consider when making a choice between these are that:
- Marijuana (weed) and hemp are two forms of the same plant species, cannabis, and differ solely in terms of their Delta-9 THC concentration.
- The difference in Delta-9 THC concentration by dry weight is what then defines the legality of both hemp and marijuana.
- Hemp, and its derivatives, are legal on a federal level according to the 2018 Farm Bill, while marijuana is a Schedule 1 Substance.
- State regulations on both vary.
- Delta-8 THC and Delta-9 THC are among over 100 cannabinoids that are found naturally in both marijuana and hemp.
- Delta-8 THC is a minor (less abundant) cannabinoid with less potent effects, while Delta-9 is a major (more abundant) cannabinoid with more intense effects.
- Delta-8 products usually contain just Delta-8, whereas Marijuana contains a high concentration of Delta-9 THC and other minor cannabinoids.
- If Delta-9 or Delta-8 are derived from hemp, they are federally legal.