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Federally Legal Delta 9 THC vs. Delta 8 THC

Many people use tetrahydrocannabinol (THC) to obtain numerous associated benefits and for recreational purposes. However, there’s confusion on the legally available types of THC. So, we will cover extensively how Delta 9 THC and Delta 8 THC match up and which a user should choose. 

Major Differences Between Delta 9 THC and Delta 8 THC

Delta 9 THC was the earliest cannabinoid discovered in 1964 and has been extensively researched and used. On the other hand, Delta 8 is lesser-known, though it is of great importance. Delta 8 THC and Delta 9 THC mainly differ because Delta 9 is more psychoactive than Delta 8.

What is Delta 9 THC?

Delta 9 THC is a cannabinoid in the cannabis plant and is the primary psychoactive substance. It induces a high feeling in its users by acting on the CB1 and CB2 receptors in the brain. Therefore, products that contain Delta 9 THC are potent. It is entirely safe for consumption, although it’s necessary to follow the correct dosage. Recently, people have been consuming delta 9 THC as gummies rather than smoking joints to attain an extreme euphoric effect.

What is Delta 8 THC?

Delta 8, is one of the many cannabinoids in the industrial hemp plant. It can be ingested as a pill or by smoking. It has all the benefits you can get from THC but with less stimulation than Delta 9. This less dramatic stimulation is because Delta 9 THC is more potent than Delta 8 THC. Unimed Pharmaceuticals patented it in 1985, but it was not until 2003 that it became popular. Currently, Delta 8 is legal in 32 states in the US.


Federally legal Delta 9 THC is present in hemp extracts in smaller quantities than in illegal marijuana extracts. The hemp plant should contain 0.3% or less Delta 9 THC on a dry weight basis.

Delta 8 THC, a minor cannabinoid, requires a lot of effort to extract, unlike Delta 9 THC. Therefore, its extraction is highly unfavorable. Fortunately, there exists another method to obtain Delta 8. Researchers discovered that solvents could synthesize Delta 8 entirely from cannabidiol. Although this process is expensive, it has simplified the production of Delta 8 products. Like Delta 9, Delta 8 is obtained from hemp that usually has a higher concentration of cannabidiol. The hemp plant should also contain 0.3% or less Delta 9 THC on a dry weight basis.

Molecular Structure of Delta 8 and Delta 9

Delta 9 THC and Delta 8 THC are isomers meaning they have similar molecular formulae but different molecular structures. Delta 9 has a double electron bond on its ninth carbon atom, hence Delta 9. On the other hand, Delta 8 has a double electron bond on the eighth carbon atom hence the name Delta 8. For this reason, these two cannabinoids produce different effects.


Delta 8 is legal at the federal level since it is obtained from hemp plants rather than marijuana. The 2018 Farm Bill created a loophole as it does not outlaw the extraction of Delta 8 from hemp and the production of Delta 8 products. Currently, Delta 8 is legal in 32 states in the US. However, some states only allow medical use of delta 8 while others ban its use.

States Where Delta 8 is Illegal

Delta 8 is illegal in the following states:

· Delaware

· Colorado

· Arizona

· Arkansas

· Idaho

· Iowa

· Louisiana

· Montana

· Alaska

· Utah

· Vermont

· Rhode Island

· North Dakota

· New York

Delta 9 THC is also legal at the federal level, as long as it is obtained from hemp. The 2018 Farm Bill permits 0.3% or less Delta 9 THC in products. Delta 9 THC is legal in 37 states in the US. Recently, many states have legalized the non-medical use of delta 9.

States Where Delta 9 is Illegal

Delta 9 THC is completely prohibited in the following states:

· Alaska

· Idaho

· Kansas

· Iowa

· Dosage

Start with a lower dosage of either cannabinoid. Adjust depending on your tolerance to avoid complications arising from their use. The recommended dosage for Delta 8 THC is 10 mg to 60 mg, whereas Delta 9 is lower at 5mg to 30mg. Remember that people have different body tolerances and preferences hence different dosages. Refer to dosage charts or consult a clinician to establish the correct dosage if in doubt. Beginners should buy products that have lower potency.

Market Availability

Delta 8 THC products are readily available in states that permit medical or recreational cannabis. With states increasingly legalizing Delta 8 THC, more products are hitting store shelves. Recently there has been a surge of delta 9 THC products after the 2018 Farm Bill guidelines. Projections suggest that this surge will increase in the future.

Delta 8 THC or Delta 9 THC-Which to Choose

Some people prefer to use Delta 9 because it causes creativity and relaxation. People affected with mood swings, low appetite, and hormonal imbalance should consume fewer Delta 9 products. Choose Delta 8 if you prefer to enjoy the benefits of THC while retaining a clear head. Moreover, Delta 8 is a good alternative against paranoia caused by traditional THC. Please consult your doctor before embarking on cannabis use.

So, the Winner is Then…

Both cannabinoids have different effects despite having the same chemical structure. Both are legal on the federal level. However, not all states have legalized their use. Therefore, you should ensure that your state has legalized their use before shopping for Delta 9 and Delta 8 products.

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How To Spot Fake Delta 8 Products

We find that more and more companies are now producing their own lines of quality Delta 8 THC products to offer a wider selection to consumers. With a wider variety of products comes an easier time selecting formulas in a personalized manner, making sure that the milligram strength, strain, and delivery method are all compatible with personal needs and goals.

One thing that you need to keep an eye out for in this increasingly large market is fake or diluted delta-8. Sadly, yes, fake delta-8 is out there, and it can fool those who are unfamiliar with the market, and even some experienced users on an off day, or someone in a hurry. There are signs though, that can tell you whether or not the delta 8 you’re planning on buying is actually high in quality, and in this blog we’ll go over some of the signs along with some information everyone can use.

Why Would Someone Sell Fake Delta 8?

For the first portion, we need to really look at why fake Delta 8 would be allowed on the market in the first place. Delta 8 THC is a fairly new addition to the hemp market, and there is such extreme demand for it that sketchy companies are trying to cash in on its popularity by producing fake or lesser products that come with big profits.

So, how do these companies get away with it?

Currently, the FDA is not yet regulating delta 8 on the market. In turn, this means that there is no real governing body that happens to be overseeing all of the delta 8 THC being released for public consumption. As a result, companies are not at risk of major penalties for labeling something as delta-8 that contains anything but, or lying about their test numbers.

This makes it so consumers really have to educate themselves on discerning real from fake Delta-8 THC. The good news is, there are plenty of ways to know immediately whether or not what you’re looking at is actually the real deal.

5 Ways to Know if a Delta 8 Product is Fake or Not

Here some simple signs/tips that will ensure that you do not make the mistake of buying delta 8 that isn’t actually, well, delta 8.

#1: Little To No Contact Information

A company that does not have very much or any actual contact information on their product label or website is a company that should be avoided entirely. A company doesn’t have to worry about angry or dissatisfied customers if they have no one to contact.. It’s beyond standard practice for a hemp company to have some form of customer service that can answer any questions from consumers and address potential issues with orders. With no contact information, you can guess that the company is trying to hide from the public.

At minimum, a hemp company selling delta 8 should have an email that you can use to contact them. This should be visible on their website. Ideally, there should also be a phone number and the name of the town or city in which they operate. This lack of information can also indicate that the company is not actually certified, and therefore is selling delta 8, or fake delta 8, illegally. With no contact information, there is no way to really verify that they are actually licensed to make delta 8 products.

#2: Very Little Online Presence

Hemp companies that produce delta 8 take pride in their work, and would like to attract as many customers as possible to their business. Therefore, legitimate brands should have a very thorough website with plenty of information, along with social media pages, an email list and more.

If you find a delta 8 product from a company and notice that they have next to no online presence, this should raise a red flag. Why wouldn’t a company trying to make their mark in such a highly competitive marketplace not want to advertise their products as widely as possible? Could it be because this increases their chance of being found out as a fake business? Social media pages allow users to comment, and a company that sells fake products would be flooded with negative comments all over their various platforms.

Basically, only stick with companies that have a clear, open and honest sense of communication with their customers online. The more visible they are, the better.

#3: Having Zero or Fake Lab Tests

Testing is considered an industry-standard throughout the cannabis industry as a whole. It’s not exclusive to the delta 8 THC space.

However, this type of testing is especially important for delta 8 companies because of how these products are made.

There are basically three ways to make delta 8 THC (covered in more detail below). By far, the most common method is to synthesize it from CBD. The synthetization process requires solvents like heptane, hexane, or chloroform, and a strong acid like HCL. These chemicals can be removed once the process is complete, but it requires a lot of skill and high-tech equipment to do properly. Low-quality manufacturers don’t always remove 100% of these toxic chemicals from the final product.

Delta 8 companies are required to have their delta 8 products tested by a third-party laboratory. This means that they send their batches of delta 8 extract to a laboratory that is registered with the state, where it is tested for purity, delta 9 levels and contaminants. These lab reports are supposed to be easy to access by customers through the company’s website.

A lack of lab tests means that a company is not complying with industry standards and regulations, and this is probably because they have something to hide.

Making matters a little more confusing, a company can fake their lab reports. How can you see if it’s a fake test though? Simply look up the name of the lab at the top corner. If it does not check out, then you know it’s fake.

We recommend you avoid buying any products from companies that don’t provide up-to-date third-party tests for every batch.

#4: Lacking Information On The Label

Delta-8, and all companies should really strive to offer, at least, the minimal necessary information on their product labels, including the milligram strength, list of ingredients and directions for use. Now, if any of this information is lacking, this likely means that the company does not want you to know something about their formula.

Another thing we have seen in rarer instances is a company making a full-on counterfeit of a popular delta 8 product made by a real brand, with fake delta 8 inside. The best way to tell is to compare the potentially fake label with the real one – if there is some difference in content, design, or font, you know it’s a fake.

#5: Fake or No Reviews

Delta 8 THC brands tend to display reviews on their website. This is how other customers can find out from real people how the brand’s formulas hold up. If a website doesn’t have a review section after their products, this may be because the company doesn’t want you to know how customers feel. You also need to keep an eye out for fake reviews. These can be hard to discern, but some key giveaways include reviews that all have the same tone or use the same type of punctuation. Real review users have different voices when they type.

Do a quick search for the brand and check out what past customers are saying about the brand.

Some red flags to watch out for include:

  • No mention of the brand at all (it could be a scam)
  • An overwhelming number of negative reviews
  • Exaggerated or clearly fake positive reviews & testimonials

Don’t Get Delta 8 Faked Out!

Delta 8 THC is so popular that some shady companies are trying to profit off of its success with illegitimate products, to make a quick buck. The good news is that fakes are not always as common as you may think. Even better, it is simple enough to spot a fake as long as you know what to look for when shopping for delta 8 products.

“Never buy from a delta 8 supplier that doesn’t test for both safety and potency.“

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How Do I Dab Delta 8 THC?

If you’ve tried our variety of Delta 8 THC Vapes and Delta 8 THC Gummies, you might also enjoy dabbing with our Delta 8 THC Sauces.

With this blog, you’ll find out everything you need and plenty of handy information for you first dab!

A Rig to Dab With

A dab rig is the main tool for dabbing. Once the concentrate is heated, the rig is the vessel that you’ll end up using to inhale the vapor. Rigs come in a wide variety of shapes and sizes, but smaller tends to be better for preserving the flavor and vapor of the concentrate, while a larger one might have more percolators and smooth out the dab. For first time dabbers, a smaller rig will also make it easier to start with more appropriately-sized doses. If you already own a bong or water pipe, that will work as well.

Rigs are typically pretty unwieldy, which is part of the reason dabbing has earned a reputation as a bit of an inconvenience. However, there do exist portable rigs that are specifically designed for mobility.

Make Sure to Have a Nail

The nail is where the concentrate is actually cooked and vaporized. They are small, bowl-like attachments made out of quarts or titanium. While 99 percent of setups use quartz for the increased temperature control, metal can also be used to ensure a nice long-lasting use.

The nail is heated, typically using a handheld blowtorch, and the dab is placed on the surface of the nail, where it immediately turns into vapor for you to inhale.

Any of your local smoke shops tend to sell nails. Make sure to consider the shape and size of your nail though, as these nails come with a large variety to choose from, and you need to be sure your nail will fit your setup. Do your research, or consult an employee at the smoke shop for help. The important bit to get right is the width of the stem on your rig vs the nail. As long as those align, you shouldn’t have any trouble. Nails are generally quite affordable, and usually last quite awhile for most people.

Have a Tool for Dabbing

Moving the concentrate onto the heated nail is done with a dab tool. These are usually thin, heat-resistant pieces of metal about the length of a toothbrush. One side is typically flattened out for convenient scooping.

Dab tools are the most replaceable part of the setup. A rig and nail are absolutely essential, but any clear, non-conductive material can be used as a dab tool to work with the concentrate.

You Will Need a Torch

Torches are used to warm up the nail before the dab is applied. A handheld butane torch will work just fine, as they are durable, consistent, and cheap to refill. Cooking torches work quite well for this step too. The important thing is having a steady flame that burns considerably hotter than any lighter or match.

A torch will typically cost around anywhere from $20 up to $40. You can find them at most smoke shops and grocery stores. If you’re on a budget, the torch is likely the most expensive investment.

Delta 8 Concentrate and Why

The major benefit of dabbing Delta 8 compared to Delta 9 THC is the more functional high. Dabbing introduces an extremely concentrated dose of THC to the user. With cannabis, these higher doses can commonly be accompanied by feelings of anxiety and paranoia, or lead to disorientation. Dabbing with Delta 8 can provide relief without actually being too overwhelming for the user.

Keeping Things Clean

Cleaning your rig is more than a matter of tidiness. Proper upkeep will increase the lifetime of your setup, and more importantly, help preserve your concentrates. Q-Tips and cotton swabs should always be on-hand to wipe the oily residue from your dab nail after every hit. This also helps to maintain the flavor of each dab, as the dried oil can inadvertently alter that profile.

To build on this idea, regular cleanings of the rig is vital to a tasty experience. Build up in the chamber can seriously hamper the flavor and even flow of the vapor. Use cleaning supplies like isopropyl alcohol at least once a week to keep your setup squeaky clean. Just add some salt and a bit of the alcohol into the rig and shake furiously until the sides are good as new. Just remember to dump out the alcohol before going back to use it!

In Summary

This may sound like a lot of specific equipment, but the up-front cost is lower than you might think. All of the equipment mentioned above can be found for as little as $100 total. The payoff is well worth the investment. There are few methods as effective as dabbing at generating powerful sensations and elevating your Delta 8 THC experience.

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Is Delta 8 THC Legal In Kansas?

Kansas, also known as the Sunflower State, was made the 34th state in 1861. The state bird is the western meadowlark, and the the state flower is… guessed it, the sunflower!

Is Delta 8 THC Legal In Kansas?

To answer the question immediately, NO, Delta 8 THC is no longer legal according to Kansas state law.

Where Can I Purchase Delta 8 THC In Kansas?

Delta 8 is a fairly new product coming to the market, while it is entirely natural and safe to consume, many companies can cut corners which results in a less than stellar product.

We recommend you make sure to talk to the company or store you’re purchasing from, see if they understand the product themselves. If they don’t even know what’s in their products, you certainly won’t.

While purchasing at a quick gas station or head shop may be a faster and more convenient ways of purchasing Delta-8, there are quite a few benefits of buying Delta 8 online.

Online vendors, especially shops like us, have a close connection with their supplier or in some cases (such as some of our gummies and CBD products) we make ourselves. This allows us to keep the price low, and know when and how much product to make at any time for our customers, keeping everything as fresh as possible.

The Current Legality of Delta 8


(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L.

(4) ‘‘Hemp products’’ means all products made from industrial hemp, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.

(5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.

Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701.

(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or

(2) any substance listed in schedules II through V of the uniform controlled substances act; or

(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed

Sec. 7. K.S.A. 2017 Supp. 65-4105 is hereby amended to read as follows: 65-4105.

(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols… 7370

Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.), except tetrahydrocannabinols obtained from industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed or used for activities authorized by the alternative crop research act.

If You’re Willing To Travel A Short Distance

We’re not a huge warehouse like some online companies, we have an actual home store for our local customers! Come meet our crew and get the SAME discounts, and an even bigger variety of Delta-8 products in store, we love meeting our loyal customers.
We’re located in Blue Springs, Missouri. Not too far off from Kansas City for some quality delta 8, is it?

Delta 8 Guides

How Did Delta 8 THC Become Legal? – The Medical Benefits of Delta-8 THC – How Long Does A Delta 8 High Last?

How Does Delta 8 THC Compare to Delta 9 and CBD? – Indica Vs Sativa, What’s The Difference?