States That Ban Marijuana See More Sales Of Hemp-Based Products Like Delta-8 THC, Federally Funded Study Finds

A new federally funded study has found that, in states where marijuana remains criminalized, there’s significantly more sales of lesser-regulated hemp cannabinoid products like delta-8 THC.

Researchers at the University of California San Diego investigated cannabis sales trends for the study, which was published in the American Journal of Preventive Medicine on Wednesday, concluding that “delta-8-THC use was highest among states that prohibit marijuana use.”

According to the study involving 1,523 U.S. adults, just 7.7 percent reported using delta-8 THC. But people living in states where cannabis is strictly prohibited were more than two times as likely to say they’ve used the largely unregulated cannabinoid (11 percent) compared to those in states where marijuana is legal.

“Likewise, delta-8 THC use was significantly more common in states with no regulations on its sale (10.5 percent), compared to states that had taken steps to prohibit (4.5 percent) or regulate the compound (3.9 percent),” a press release says. “The prevalence of delta-8 THC use was lower among adults in states permitting both medical and nonmedical marijuana (5.5 percent) and states permitting medical use only (8.5 percent).”

“The results of this study suggest that delta-8-THC use is highest in environments that restrict marijuana use and lower in states that restrict delta-8-THC sales.”

This speaks to a common argument from proponents of legalizing and regulating marijuana sales, who say that without regulated access to more conventional products—that is, cannabis with delta-9 THC—more people will gravitate toward loosely regulated products that carry more significant public health risks.

“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 UC San Diego and senior author of the study, said in a press release. “It’s a classic case of unintended consequences in public policy.”

While much is unknown about the science of delta-8 THC—which emerged on the marketplace across the country after hemp and its derivatives were federally legalized under the 2018 Farm Bill—the prevailing sentiment among health experts is that it inherently poses greater public health given the lack of research into its effects compared to delta-9 THC.

Leas, the lead study author, has advocated for a ban on intoxicating, hemp-derived cannabinoid products due to this uncertainty. And at the congressional and state level, many lawmakers have pushed for such policy changes.

“Delta-8-THC might be fulfilling the demand for marijuana in areas where marijuana use is prohibited.”

“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,” he said. “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.”

“Many people assume that because something is legal, it must be safe,” Leas said. “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.”

The study authors reported funding from the federal National Institute on Drug Abuse (NIDA), as well as the National Heart, Lung, and Blood Institute of the National Institutes of Health (NIH).

“Understanding who uses delta-8 THC, how they’re using it and what their experiences are can help shape smarter policies,” Leas said. “We need to ensure people aren’t caught in a policy vacuum, relying on products that fall outside both safety regulations and scientific understanding.”

Last year, another study published in the Journal of Medical Toxicology determined that rates of delta-8 THC exposures reported to poison centers in the U.S. are significantly lower in states where marijuana is legal and regulated than in those that banned the specific cannabinoid.

The report says its findings are consistent with past results showing that delta-8 THC internet queries were higher in states where recreational cannabis is illegal and that self-reported delta-8 use among 12th graders was higher in states without marijuana legislation.

Separately, federally funded research published late last year by the American Medical Association (AMA) found that people in states where marijuana is illegal are significantly more likely to have used products containing lesser-known cannabinoids like delta-8 THC, signaling that prohibition may “unintentionally promote” usage of such products.

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While some states are now taking patchwork steps to regulate delta-8 THC and other hemp-derived or synthesized cannabinoids, discussions are also playing out at the federal level as congressional lawmakers consider legislative provisions to impose a general ban on hemp-derived cannabinoids such as delta-8 THC.

Sen. Rand Paul (R-KY) recently said he has plans to meet with House lawmakers to “reach a compromise” on an approach to regulate hemp in light of his opposition to a proposal in Congress to ban products with any “quantifiable” amount of THC.

Rep. Andy Harris (R-MD), for his part, told Marijuana Moment that he wasn’t concerned about any potential opposition to the hemp ban in the Senate—and he also disputed reports about the scope of what his legislation on the House side would do to the industry.

The Congressional Research Service (CRS) released a report in June stating that the legislation would “effectively” prohibit hemp-derived cannabinoid products. Initially it said that such a ban would prevent the sale of CBD as well, but the CRS report was updated to exclude that language for reasons that are unclear.

The hemp language is largely consistent with appropriations and agriculture legislation that was introduced, but not ultimately enacted, under the last Congress.

Hemp industry stakeholders rallied against that proposal, an earlier version of which was also included in the base bill from the subcommittee last year. It’s virtually identical to a provision of the 2024 Farm Bill that was attached by a separate committee last May via an amendment from Rep. Mary Miller (R-IL), which was also not enacted into law.

A leading alcohol industry association, meanwhile, has called on Congress to dial back language in the House spending bill that would ban most consumable hemp products, instead proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items.

Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis Creighton said in a press release that “proponents and opponents alike have agreed that this language amounts to a ban.”

Separately, key GOP congressional lawmakers—including one member who supports marijuana legalization—don’t seem especially concerned about provisions in the bill despite concern from stakeholders that it would put much of the hemp industry in jeopardy by banning most consumable products derived from the plant.