People ask about Delta 8 and Delta 9 all the time. Both come from cannabis and both can make you feel high, but they feel different and the rules around them are messy. Here is a plain talk version that covers what they do, the risks, the law, and how to choose without getting lost in jargon.
Quick summary — the short answer
Delta 9 is the classic THC most people think of. It is stronger. Delta 8 is milder for most people, and a lot of products on the market come from hemp. The legal picture keeps changing though, so what is allowed in one state today may not be allowed tomorrow (MPP guide, O’Flaherty Law tracker).
What is Delta 9 THC
Delta 9 THC is the main psychoactive compound in cannabis. It binds well to CB1 receptors in the brain and that is why it produces the intense “high” feeling, plus the other effects like appetite changes and altered time perception.
If you are worried about long term or high potency risks, Yale Medicine has written about how THC levels have climbed over decades and what that could mean for mental health.
What is Delta 8 THC
Delta 8 is chemically similar to Delta 9 but it has the double bond in a slightly different place. That change tends to make it less potent. Most Delta 8 sold today is converted from hemp CBD rather than extracted directly in large amounts from cannabis.
Many users report it feels calmer and gives fewer bad reactions like paranoia. A University at Buffalo survey with more than 500 participants found that many people preferred Delta 8 because they felt it brought relief and relaxation with fewer negative side effects compared to Delta 9.
Side effects and safety — what to watch for
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Both can cause dry mouth, red eyes, faster heart rate, and temporary anxiety.
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Delta 9 is more likely to cause intense anxiety or paranoia at higher doses.
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Poor manufacturing matters more for Delta 8 because it is often made with chemical conversion. Bad production can leave contaminants behind. The FDA has warned about mislabeled or kid-friendly lookalike Delta 8 edibles.
The National Center for Biotechnology Information also has a review of THC effects if you want the clinical side.
Legality — the messy part
Federal law is a moving target for hemp THC products. Delta 8 has been sold under the hemp rules from the 2018 Farm Bill, but Congress has moved to tighten things. A 2025 proposal would redefine hemp to include all THC isomers, which would ban most hemp-derived intoxicating products nationwide.
State legality snapshot (Last updated: September 2025)
Rules change often, so always double-check locally. But here is a quick breakdown based on state trackers:
| State | Delta 8 THC | Delta 9 THC | Notes |
|---|---|---|---|
| California | Allowed, but regulated | Recreational and medical legal | Licensed stores only |
| Texas | Legal under hemp law | Illegal (no recreational) | Popular for hemp-derived Delta 8 |
| Florida | Legal under hemp law | Medical only | Dispensary required for Delta 9 |
| New York | Banned | Recreational and medical legal | State regulators banned Delta 8 in 2021 |
| Colorado | Banned | Recreational and medical legal | Delta 8 banned despite legal cannabis |
| Minnesota | Restricted to licensed sales | Recreational and medical legal | Products capped on THC mg |
| Idaho | Banned | Illegal | Strictest state laws |
| Utah | Banned | Medical only | Heavy restrictions on hemp cannabinoids |
| Oregon | Restricted to dispensaries | Recreational and medical legal | Only licensed shops can sell Delta 8 |
| Alaska | Banned | Recreational and medical legal | Hemp-derived THC not allowed |
(Source: O’Flaherty Law state tracker, MPP)
Which is stronger
Delta 9 is stronger. A 2025 clinical study found that Delta 9 produces significantly stronger subjective drug effects than Delta 8 at tested doses (ScienceDirect abstract).
Which is better for beginners
Most people who try both say Delta 8 is easier to start with because the experience is milder and often less likely to cause anxiety. That is not universal though. Some people feel nothing from Delta 8; others feel plenty.
Mixing them
Yes, people mix them. The effects stack. If you mix without knowing your tolerance you can overshoot and feel bad. If you plan to mix, use very low doses and do it only where you can stay calm and safe.
Practical tips for buying safe product
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Look for third party lab reports. No lab report, no buy.
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Avoid brands with cartoonish packaging. The FDA has targeted those.
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Check the certificate of analysis for solvents and heavy metals, not just THC percentage.
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If you take prescription drugs, talk with your doctor. Cannabinoids can change how some medicines work.
FAQs
What is the main difference between Delta 8 and Delta 9?
Delta 9 is stronger and produces a more intense high. Delta 8 is milder and often comes from hemp-derived CBD, with many people describing it as calmer and less overwhelming.
Is Delta 8 legal in my state?
That depends. Some states allow it under hemp laws, others have banned it, and some only sell it through licensed cannabis stores. Rules change often, so check a state tracker like O’Flaherty Law.
Which one gets you higher?
Delta 9 gets you higher. Studies confirm it produces stronger effects at the same dose compared to Delta 8.
Are Delta 8 edibles safe for kids?
No. Delta 8 edibles should not be given to kids. The FDA has even warned about copycat THC candies that children could mistake for regular treats.
Can Delta 8 or Delta 9 show up on a drug test?
Yes. Both can trigger a positive result on common THC drug tests because those tests cannot tell the difference between Delta 8 and Delta 9.
Choosing between them
If you want something gentler or live in a state without legal cannabis, Delta 8 might be worth trying. If you want stronger effects and live in a state where cannabis is legal, Delta 9 is usually the one. Everyone reacts differently though, so the only way to know is to try carefully and legally.
Final note
Delta 8 and Delta 9 THC are not the same, but both have their place. Which one you use depends on where you live, how strong you want the effects to be, and how your body reacts. Always go slow, pay attention, and buy from brands that share lab results.
At Mary Jane’s Bakery Co we carry both Delta 8 and Delta 9 products. They are lab tested and ready if you want to explore. You can check out our Delta 9 gummies or our Delta 8 vapes and see which one fits you better.