The European Food Safety Authority (EFSA) has suggested a safe limit of 1 µg/kg body weight for the combined intake of delta-8 and delta-9 THC from food.
The CONTAM Panel had previously set an acute reference dose (ARfD) of 1 μg/kg body weight for Δ9‐THC derived from adverse effects on human central nervous system. Given the similarity in effects and the mode of action between Δ8 and Δ9‐THC, the Panel considered that the established ARfD can be regarded as a group ARfD for the sum of both. If the two substances are produced naturally, a Δ8 to Δ9‐THC ratio below 1 is expected. However, many of the samples, positive for Δ8‐THC, were above this ratio, indicating either addition of semi‐synthetic Δ8‐THC, formation during processing, or enrichment of the natural Δ8‐THC.[1]
Delta-8 THC occurs naturally in hemp only in trace amounts (around 1% or less). However, during processing, especially when CBD is extracted and then subjected to certain specific chemical treatments such as heating (decarboxylation) and isomerization with acidic catalysts, CBD can be converted into Delta-8 THC. This synthetic or semi-synthetic conversion is common because Delta-8 THC is an isomer of CBD, and the close chemical structure allows this transformation under specific lab conditions.
So, for hemp-derived extracts high in CBD, a concentration of Δ8 and Δ9‐THC could be possible. However, normally only small amounts of Δ-8 THC should be present; adherence to this limit could be difficult. It will have to be analyzed to confirm compliance, which adds to the production cost.
The evaluation of CBD-rich ingredients has to be taken into account in parallel. Having a clear science-based safe threshold for Δ-8 THC benefits the CBD supplement market by providing a measurable safety benchmark. This will contribute to improved consumer and retailer trust as it addresses concerns about psychoactive effects and sets a standard for consistent product safety. It can facilitate market acceptance, reduce ambiguity, and support regulatory clarity for products labeled as hemp-derived but containing cannabinoids.
In February 2025, the Food Standards Agency (FSA) and Food Standards Scotland (FSS) concluded that a CBD isolate was safe at 10 mg/day in food supplements.[2]
The EFSA proposed a conservative ADI of 2 mg of CBD per day in September 2025, citing unresolved toxicological concerns and significant data gaps in human safety evidence.[3]
While EFSA and FSA assessments are jurisdictionally independent, the safety evaluations will influence each other, for better or for worse.
This EFSA-established limit for delta-8 THC could help CBD products by defining a safety parameter for cannabinoid exposure. To get ingredients authorized as novel foods, companies will have to invest in the required toxicological studies to complete the dossiers, which are expensive. The best way to do this might be in consortia, just like EIHA did.[4]
When I worked for the Belgian Department of Health, we established following maximum safe levels for Δ9-THC in food, on the advice of the Advisory commission for botanicals: 10 mg/kg for seed oil, 5 mg/kg for seed or flour, and 0.2 mg/kg for other food and drinks. Now this regulation refers to Commission Regulation (EU) 2023/915 on maximum levels for certain contaminants, which determines maxima for Δ-9 THC of 3 mg/kg for seeds and 7.5 mg/kg for seed oil.
The level set by EFSA is several times lower for an average adult than those applicable for contaminants, taking average consumption. Far too stringent to be feasible, in my humble opinion.
[1] https://www.efsa.europa.eu/en/news/delta-8-thc-efsa-sets-safe-intake-level
[2] https://www.food.gov.uk/business-guidance/cannabidiol-cbd