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Researchers from College of California San Diego have discovered that Delta-8 tetrahydrocannabinol (delta-8 THC), a psychoactive compound usually offered as a authorized different to marijuana, is mostly utilized in states the place marijuana use stays unlawful and delta-8 THC gross sales are unregulated. The findings, printed within the American Journal of Preventive Medication, spotlight how gaps in hashish coverage could also be inadvertently steering individuals towards less-regulated substances and have allowed producers to evade restrictions positioned on marijuana merchandise.
The examine’s authors categorized every state primarily based on two key coverage sorts: whether or not marijuana was permitted for medical or leisure use, and whether or not delta-8 THC gross sales have been banned, regulated or unregulated. They then analyzed the probability of lifetime delta-8 THC use throughout these teams.
The examine was primarily based on a nationally consultant survey of 1,523 U.S. adults. Roughly 7.7% of respondents reported utilizing delta-8 THC of their lifetime. However this use was not unfold evenly throughout the nation. Adults in states that prohibit all types of marijuana have been about twice as doubtless (10.9%) to have used delta-8 THC in comparison with these dwelling in states the place adult-use leisure marijuana is authorized.
Likewise, delta-8 THC use was considerably extra widespread in states with no rules on its sale (10.5%), in comparison with states that had taken steps to ban (4.5%) or regulate the compound (3.9%). The prevalence of delta-8 THC use was decrease amongst adults in states allowing each medical and nonmedical marijuana (5.5%) and states allowing medical use solely (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,” mentioned Eric Leas, Ph.D., M.P.H., assistant professor on the Herbert Wertheim Faculty of Public Well being and Human Longevity Science at UC San Diego and senior writer of the examine. Leas can also be affiliate school on the Qualcomm Institute.
“It’s a classic case of unintended consequences in public policy.”
The coverage loophole driving delta-8 THC use
Delta-8 THC is a chemical cousin to delta-9-tetrahydrocannabinol (delta-9 THC), the first psychoactive ingredient in marijuana that produces comparable psychotropic results. Though it happens naturally in small quantities, most delta-8 THC merchandise are synthesized by chemically changing hemp-derived cannabidiol (CBD), a course of that was made extra possible after the 2018 U.S. Farm Invoice legalized industrial hemp (outlined as hashish with lower than 0.3% delta-9 THC).
As a result of delta-8 THC may be produced from legally cultivated hemp, many producers argue they’ll legally make and promote delta-8 THC merchandise as hemp. The Meals and Drug Administration (FDA) has issued warnings about delta-8 THC’s security and made a willpower that it’s not a authorized meals additive, however federal enforcement has been restricted.
Within the absence of clear federal guidelines, some states have enacted their very own legal guidelines, starting from full bans to no regulation in any respect. Nonetheless, most states have made no official willpower, leaving delta-8 THC primarily unregulated. Leas has referred to as for this hemp loophole to be closed.
“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,” mentioned 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.”
Public well being considerations and regulatory uncertainty
Not like regulated marijuana merchandise, that are topic to high quality management, dosage limits and labeling necessities in lots of states, delta-8 THC is commonly offered in comfort shops and on-line with little oversight. Some merchandise have been marketed to resemble common snacks or candies, elevating considerations about unintentional ingestion, notably by kids. The FDA has acquired quite a few studies of adversarial occasions linked to delta-8 THC and has decided that it doesn’t fulfill the Typically Acknowledged As Protected normal for meals components and dietary dietary supplements.
“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.”
This new analysis offers additional proof that delta-8 THC is serving in its place in states the place conventional hashish stays unlawful or laborious to entry. This substitution impact, whereas maybe predictable, complicates efforts to regulate cannabis-related harms. Particularly, it means that prohibiting marijuana might unintentionally drive shoppers towards substances that lack each scientific examine and regulatory scrutiny.
What comes subsequent
The examine authors counsel that clearer, nationwide requirements for delta-8 THC may assist mitigate potential harms, particularly as Congress considers adjustments to the federal Farm Invoice that will shut present authorized loopholes. On the identical time, they urge additional analysis into how and why individuals select delta-8 THC over different merchandise.
“Understanding who uses delta-8 THC, how they’re using it and what their experiences are can help shape smarter policies,” mentioned Leas. “We need to ensure people aren’t caught in a policy vacuum, relying on products that fall outside both safety regulations and scientific understanding.”
Future research, the researchers say, ought to discover motivations behind delta-8 THC use and the way insurance policies influence conduct over time. For now, Leas believes this examine gives a cautionary story for lawmakers.
“We often think banning a product solves the problem. But when the market moves faster than regulation, it can create new problems,” he mentioned. “If we want to reduce harm, we need policies that reflect how people actually behave, not just how we hope they will.”
Extra info:
Nora Satybaldiyeva et al, U.S. State Marijuana and Delta-8-Tetrahydrocannabinol Legal guidelines and Delta-8-Tetrahydrocannabinol Use, American Journal of Preventive Medication (2025). DOI: 10.1016/j.amepre.2025.108026
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College of California – San Diego
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Delta-8 THC use highest the place marijuana is illegitimate, examine finds (2025, September 3)
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