Study Finds Delta-8 THC Use Peaks in States Where Marijuana Is Illegal

Recent research from the University of California, San Diego highlights a significant trend: the use of Delta-8 tetrahydrocannabinol (delta-8 THC), a psychoactive compound marketed as a legal alternative to marijuana, is most prevalent in states where cannabis laws are restrictive or prohibitive. Published in the American Journal of Preventive Medicine, the study reveals that delta-8 THC consumption is notably higher in states that ban all forms of marijuana or lack regulation of delta-8 products. This pattern suggests that restrictive cannabis policies may inadvertently drive individuals toward less-regulated and potentially riskier substances.

The study analyzed a representative sample of 1,523 U.S. adults and found that about 7.7% had used delta-8 THC at some point in their lives. Usage rates were nearly double in states where marijuana is fully illegal (10.9%) compared to states where recreational cannabis is legal. Furthermore, the prevalence was highest in regions with no regulation on delta-8 THC sales (10.5%), contrasted with lower usage rates in states with bans or regulation (4.5% and 3.9%, respectively). Interestingly, states permitting medical and recreational use report lower delta-8 THC use (around 5.5% to 8.5%).

Experts suggest that these findings reflect how policy gaps in cannabis regulation can influence consumer behavior. Dr. Eric Leas, the study’s lead author, explains that when traditional access to safe, regulated cannabis is restricted, individuals turn to alternative products like delta-8 THC, which are often poorly regulated. This shift poses public health concerns, especially as delta-8 is readily available in convenience stores and online — often with minimal oversight. The FDA has cautioned against the safety of delta-8 THC, citing reports of adverse events and its non-compliance with safety standards for food additives.

The legal and regulatory landscape surrounding delta-8 THC remains complex. Since most products are synthesized from hemp-derived CBD in a legal gray area following the 2018 Farm Bill, many states have yet to establish clear rules. This creates a loophole that manufacturers exploit, leading to unregulated sales and widespread availability.

Public health officials are alarmed by the rising incidents of poisonings and harmful effects linked to delta-8 THC, especially given its marketing strategies that target vulnerable populations and resemble familiar snacks. Leas emphasizes that regulating cannabis with safety standards and closing the delta-8 loophole could be a key step toward protecting consumers.

Moving forward, the research advocates for national standards on delta-8 THC to curb harms and for further investigation into why consumers prefer this substance over traditional cannabis. Leas cautions that banning products without comprehensive regulation may simply shift consumption to unregulated markets, potentially worsening health outcomes. He urges policymakers to develop informed, science-based regulations that align with actual usage patterns to enhance public health and safety.

Source: https://medicalxpress.com/news/2025-09-delta-thc-highest-marijuana-illegal.html