Delta-8 vs delta-9 is a question about chemistry, strength and rules. Delta-9 THC is the compound chiefly behind cannabis' high. Delta-8 is a close chemical cousin that the plant makes only in tiny amounts, so most delta-8 on the market is manufactured from hemp CBD. In Michigan, delta-8 is regulated as marijuana, which makes licensed, tested products the safer choice. Here's how the two compare.
What is delta-8 THC, and how is most of it made?
Delta-8 tetrahydrocannabinol is one of more than 100 cannabinoids found in cannabis, though the plant produces only a trace of it. According to the FDA, concentrated delta-8 is typically manufactured from hemp-derived CBD through chemical conversion.
That process is where many of the concerns start. The FDA has warned that some manufacturers may use potentially unsafe household chemicals. Other chemicals may be added to change a product's color, and the finished product may carry harmful by-products. Production can also happen in uncontrolled or unsanitary settings. Our guide to the types of THC covers delta-8's other relatives.
What delta-9 THC is, and why it's the reference point
Marijuana plants make more delta-9 than any other cannabinoid, and it's what most people mean by THC. State-regulated programs are built around it, and Michigan's potency limits count delta-8 and delta-9 together as THC. A licensed adult-use edible, for example, can't exceed 10 mg of THC a serving, whichever form that THC takes.
Federal hemp law used delta-9 as its yardstick, too. Hemp became federally legal in 2018 under a definition based on delta-9 content. Cannabinoid products of every kind multiplied after that, and hemp-derived THC products such as delta-8 were among them.
Delta-8 vs delta-9 chemistry: one double bond
Chemically, the two are near twins: they contain exactly the same atoms. What differs is where a single double bond sits in one of the molecule's carbon rings, at the eighth carbon or the ninth, which is where the names come from.
That small shift makes them separate compounds, each with its own potency, although research on delta-8's potency is limited. Because the two look so alike, standard cannabis drug screens react to both. Our THC primer explains how THC works in the body.
Strength and effects: how delta-8 compares
Delta-8 does get people high. The FDA describes its psychoactive and intoxicating effects as similar to delta-9's. On delta-8 vs delta-9 potency, most of the evidence comes from users' own reports:
- In a 2023 online survey, 252 adults reported using delta-8 in the past year. Those who had also used delta-9 rated delta-8's overall drug effect as weaker, with less anxiety and paranoia.
- Respondents said they chose delta-8 because they saw it as legal, as a stand-in for delta-9, or as less intense.
- The differences were modest, and self-reports can't replace controlled lab studies, which the survey's authors called for.
Product strength adds more uncertainty. The FDA has flagged variable delta-8 concentrations and inconsistent labeling in unregulated products, so a gummy may not contain what its package says.
| Delta-8 THC | Delta-9 THC | |
|---|---|---|
| Natural amount in cannabis | Trace | The main intoxicating cannabinoid |
| How most products get it | Chemical conversion of hemp CBD | Extracted from cannabis, or present in the flower |
| Intoxicating? | Yes | Yes |
| Reported intensity | Usually described as milder | The reference point |
| Michigan status | Regulated as marijuana since Oct. 11, 2021 | Sold as marijuana by licensed businesses |
| Drug screens | Can trigger a positive | The target of standard tests |
Is delta-8 legal in Michigan? Federal rules and Michigan's approach
Michigan. Michigan has regulated delta-8 THC as marijuana since October 11, 2021. Only marijuana businesses holding a license from the state's Cannabis Regulatory Agency may sell it, and a licensed product may be no more than 10% delta-8. So a delta-8 product sold by an unlicensed shop in Michigan isn't a legal sale. Licensed stores serve adults 21 and older, and our guide to Michigan's cannabis rules covers possession limits and more.
Federal. In November 2025, Congress rewrote the federal hemp definition so that it counts total THC, including THCA. The rewrite also excludes finished products containing cannabinoids made outside the plant by synthesis or manufacturing, which covers delta-8 converted from CBD. Finished products with over 0.4 mg of total THC per container are excluded as well. The change is set to take effect in late 2026, as of October 2026; further changes are possible. Our explainer on the federal hemp ban has the details.
One more reminder: don't travel across state lines with cannabis.
Testing gaps in unregulated delta-8 products
Most delta-8 safety concerns center on unregulated products, which can skip the testing and tracking that licensed cannabis gets. The FDA's concerns include:
- Residual chemicals and by-products from the conversion process
- Mislabeled potency, with variable delta-8 concentrations
- Misleading “hemp” labels that suggest a product won't intoxicate
- Kid-appealing packaging such as gummies, chocolates and candy, sold in some places without age limits
The FDA's 2022 numbers show why this matters. It logged 104 adverse event reports tied to delta-8 products from December 2020 through February 2022, and 55% of them required intervention or hospital admission. Over a similar period, poison control centers logged 2,362 delta-8 exposure cases; 41% involved people under 18, and 82% of the unintentional exposures affected children. Lock up any THC product so children and pets can't get to it.
Licensed products are a different story. The products in our stores come from trusted vendors and have passed Michigan's required testing. Our guide to licensed vs. black market cannabis compares the two systems.
Why delta-8 caught on
Delta-8 spread fast once hemp became federally legal and cannabinoid products multiplied. It reached buyers nationwide, often online and in convenience stores and gas stations. Survey respondents describe the draw plainly: they saw it as legal, as a substitute for regular THC, or as a gentler option. That easy access is exactly why the FDA's warnings about labeling, contaminants and children matter.
Shopping safely in Michigan
If you want THC, Michigan's licensed system gives you more to go on:
- Buy from a licensed retailer. In Michigan, only licensed marijuana businesses may sell delta-8.
- Read the label. Look at the THC per serving and the package total, and remember that Michigan's limits count delta-8 and delta-9 together.
- Ask questions. A budtender can explain what's in a product and how strong a serving is.
- Start low. Take a small first serving, and give edibles time to take effect before you take more.
- Plan ahead. Never drive after using THC, and keep products where children and pets can't get them.
Use your store's menu to compare THC content across licensed products, and ask our budtenders about any cannabinoid on a label. Valid government ID required. 21+ only. Please consume responsibly.
