Thanks to the 2018 Farm Bill, Delta 8 THC is federally legal in the USA. Some states have additional restrictions and can be viewed here.

To better understand the legal classification of Delta 8 THC in comparison to the more widely known Delta 9 THC, let’s explore the composition of Hemp vs Marijuana. Cannabis is often broadly classified as Hemp and Marijuana. The term “Hemp” classifies the varieties of Cannabis that contain 0.3% or less of Delta 9 THC content by dry weight. “Marijuana” is a term that is often used to classify Cannabis that contains more than 0.3% Delta 9 THC. High amounts of CBD, the non- intoxicating cannabis compound, can be found in Hemp and marijuana alike, however THC is produced at varying degrees. 

Delta (9)-tetrahydrocannabinol is the chemical name for the common term THC and is the primary psychoactive ingredient in medical and recreational marijuana. 

Delta (8)-tetrahydrocannabinol although has the same chemical formula as Delta 9 THC, is an isomer of Delta 9 THC. This means that Delta 8 THC has a distinct molecular structure than Delta 9 THC. 

The previously mentioned 2018 Farm Bill amended the US ban of all Cannabis making cannabinoids in hemp exempt of the Controlled Substance Act of 1970. Therefore all derivatives, isomers, and cannabinoids in hemp (Delta 8 THC being a derivative of hemp)  is legal provided that the final product contains less than 0.3% Delta 9 THC.