Akerman Cannabis Practice Special Counsel Kristen F. Morris spoke with Vice on the legal complexities surrounding Delta-8 THC and its status under federal and state law, in the article "Delta-8 vs. Delta-9 THC: What's the Difference? (And What's Better?)"
The article examines the scientific, commercial, and legal distinctions between Delta-8 and Delta-9 THC, noting that while the two cannabinoids are closely related, their regulatory treatment varies widely across federal and state jurisdictions.
Kristen noted that the 2018 Farm Bill's 0.3% Delta-9 THC limit on hemp left a significant gap, as it was enacted "without addressing total THC concentrations, Delta-8 THC, or any other cannabinoid." That gap allowed hemp-derived products containing enough Delta-8 THC to produce psychoactive effects to exist outside the regulatory framework governing Delta-9 cannabis. She added that state-level rules vary significantly, with some states banning Delta-8 outright, others restricting or regulating it, and still others having limited or no Delta-9 cannabis programs, a dynamic she said contributed to Delta-8's rapid market growth.
Kristen also flagged that the legal landscape is expected to shift, noting that new federal hemp restrictions scheduled to take effect in November 2026 are expected to significantly impact the market for Delta-8 products.