The use of delta-8 THC is most common in states that have not legalized marijuana and have left the cannabinoid unregulated, according to the findings of a recent study by researchers at the University of California in San Diego. The team of investigators studied trends in cannabis sales across the country and concluded that “delta-8-THC use was highest among states that prohibit marijuana use,” according to a report from Marijuana Moment.
The researchers used data from a nationally representative survey of 1,523 U.S. adults to complete the study, which was published in the American Journal of Preventive Medicine. After analyzing the date, the researchers determined that overall, approximately 7.7% of respondents reported using delta-8 THC at some point in their lives.
The distribution of reported delta-8 THC use was not consistent, however. In states that still prohibit marijuana, adults were about twice as likely (10.9%) to have used delta-8 THC compared to those living in states where recreational marijuana is legal.
The study also found that delta-8 THC usage was significantly more common in states where the compound is unregulated (10.5%) compared to states that had prohibited (4.5%) or regulated (3.9%) delta-8 THC. Delta-8 THC use was lower in states that permit both medical and nonmedical marijuana (5.5%) and states that only allow the medical use of cannabis only (8.5%).
“These findings underscore that people don’t just stop using cannabis when their state bans it. They often shift to alternatives that are easier to access, even if they’re less well-studied or poorly regulated,” Eric Leas, assistant professor at the Herbert Wertheim School of Public Health and Human Longevity Science at UC San Diego and senior author of the study, said in a UCSD report about the research.
“It’s a classic case of unintended consequences in public policy,” the researcher added.
Delta-8 THC Is Federally Legal
The intoxicating cannabinoid delta-8 THC can be produced from hemp, which was legalized under the 2018 Farm Bill. As a result, the compound is available across the country, with unregulated products found at convenience stores, smoke shops and gas stations. While some states have taken steps to regulate delta-8 THC and other intoxicating cannabinoids, many have so far declined to enact rules to govern the production and sale of products that contain the compound.
“The numbers in this study confirm a pattern we have seen before in data on delta-8 THC internet searches published in the International Journal of Drug Policy: when safer, regulated access to marijuana is unavailable, people become interested in products that are available, even if they’re riskier,” said Leas. “Providing legal access to cannabis that meets safety standards and disallowing understudied and poorly regulated products like delta-8 THC could be one way to prioritize public health in our cannabis policies.”
Delta-8 THC Products May Carry Risks
The researchers noted that unlike regulated marijuana products, most delta-8 THC products are not tested for potency and purity and are not subject to regulations such as dosage limits and labelling requirements. Additionally, many products are marketed to mimic popular snacks and candies, leading to accidental ingestion by consumers and children.
“Many people assume that because something is legal, it must be safe,” Leas continued. “We’ve seen rising reports of poisonings and other harmful outcomes tied to delta-8 THC. A regulatory free-for-all only makes that worse.”
Leas noted that the findings of the study suggest that regulation, rather than prohibition, will likely better protect public health and safety.
“We often think banning a product solves the problem. But when the market moves faster than regulation, it can create new problems,” he said. “If we want to reduce harm, we need policies that reflect how people actually behave, not just how we hope they will.”