A new study has revealed that Delta-8 THC, a psychoactive component often marketed as a legal substitute for cannabis, is most frequently used in states where cannabis is illegal and delta-8 products are not regulated.
The study points out that gaps in marijuana regulation have unintentionally encouraged people to turn to less-regulated products. This loophole has allowed companies to bypass restrictions normally applied to cannabis products.
To conduct their analysis, the University of California research team classified states by two factors: whether cannabis was legalized for recreational or medical purposes and whether Delta-8 THC was regulated, unregulated, or banned. They then compared how often people reported using Delta-8 THC across the categories.
The analysis relied on a national survey of 1,523 adults in the U.S. Overall, 7.7% of participants said they had tried Delta-8 THC at some point. However, the numbers varied widely depending on state laws. In states that prohibit cannabis entirely, about 10.9% of adults reported using Delta-8 THC, nearly double the 5.5% reported in states where recreational cannabis is legal.
Similarly, in states where sales of Delta-8 THC are not regulated, usage reached 10.5%. By contrast, in states that either regulated or banned the compound, usage dropped to 3.9% and 4.5%, respectively. States with both medical and recreational cannabis access showed a lower usage rate of 5.5%, while states allowing only medical cannabis had a rate of 8.5%.
Delta-8 THC is chemically related to Delta-9 THC, the main psychoactive compound in cannabis. While delta-8 occurs naturally in very small quantities, most commercial products are made by converting CBD derived from hemp. This became possible after the 2018 Farm Bill legalized industrial hemp containing less than 0.3% THC.
Due to this loophole, producers argue that Delta-8 THC products are legal hemp products. The FDA, however, has raised safety concerns and stated that delta-8 is not a legalized food additive. Federal enforcement has been limited, leaving states to set their own policies. Some have banned it, others regulate it, but many still provide no guidance at all.
Unlike cannabis sold in licensed dispensaries, Delta-8 THC is often available in gas stations or online, usually without proper labeling or quality checks. Some items are packaged to look like candies, raising the risk of accidental consumption by children.
The findings suggest that Delta-8 THC acts as a substitute in places where cannabis is illegal or difficult to access. While this trend may seem predictable, it complicates public health efforts by driving people toward unregulated alternatives. The researchers argue that nationwide standards are needed, particularly as Congress debates amendments to the Farm Bill that could close the hemp loophole.
They also stress the need for more research into why people choose Delta-8 THC and how policy decisions shape consumer behavior. For now, they believe their study should serve as a warning for lawmakers considering future cannabis regulations.
Creating legal markets where entities like Cronos Group Inc. (NASDAQ: CRON) (TSX: CRON) operate can help in protecting public health by giving adults access to licensed products that have undergone safety tests instead of maintaining prohibitionist laws that push people to illicit products whose safety is not checked.
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