A recent study from the University of California San Diego has uncovered a pattern in American cannabis consumption. Researchers found that Delta-8 tetrahydrocannabinol (delta-8 THC) use is significantly higher in states where marijuana remains illegal, revealing how prohibition may be driving consumers toward less regulated alternatives.
Published in the American Journal of Preventive Medicine, the study analyzed data from 1,523 U.S. adults and discovered that roughly 7.7% of respondents reported using delta-8 THC in their lifetime. However, this usage pattern tells a more complex story about American drug policy and consumer behavior.
Geographic Divide of Delta-8 THC Usage
The research team, led by Dr. Eric Leas from UC San Diego’s Herbert Wertheim School of Public Health, found that adults living in states that prohibit all forms of marijuana were about twice as likely to have used delta-8 THC compared to those in states where recreational cannabis is legal.
Specifically, 10.9% of adults in prohibition states reported delta-8 THC use, while only 5.5% of adults in fully legal states had tried the compound.
States with medical-only marijuana programs fell somewhere in between, with 8.5% of adults reporting delta-8 THC use. This suggests that limited legal access to traditional cannabis products may still drive some consumers toward alternative cannabinoids.
The regulatory environment surrounding delta-8 THC itself also played a crucial role. States with no regulations on delta-8 THC sales saw usage rates of 10.5%, while states that prohibited it saw only 4.5% usage, and those with regulatory frameworks recorded 3.9% usage rates.
2018 Farm Bill’s Unintended Loophole
Delta-8 THC’s emergence as a widely available product stems from a legal loophole created by the 2018 Farm Bill. This legislation legalized industrial hemp, defined as cannabis containing less than 0.3% delta-9 THC. While delta-8 THC occurs naturally in small amounts in cannabis plants, most commercial delta-8 products are synthesized by chemically converting hemp-derived CBD.
This process became economically viable after hemp cultivation was legalized nationwide. Manufacturers began arguing that because delta-8 THC could be produced from legal hemp, their products should also be considered legal hemp derivatives. The result was a booming market for delta-8 THC products that existed in a regulatory gray area.
Before the 2018 Farm Bill, delta-8 THC was rarely discussed in cannabis circles or consumer markets. Researchers and some cannabis connoisseurs knew about the compound, but it had little impact on the broader conversation about cannabis policy or consumption. The legislative change transformed an obscure cannabinoid into a multi-million-dollar industry almost overnight.
Consumer Response to Prohibition
Dr. Leas emphasizes that the findings demonstrate a fundamental principle about drug prohibition. “These findings underscore that people don’t just stop using cannabis when their state bans it,” he explained. “They often shift to alternatives that are easier to access, even if they’re less well-studied or poorly regulated.”
This pattern represents what researchers call “substitution effect” in public policy. When desired products become unavailable or difficult to access legally, consumers often seek alternatives that can fulfill similar needs. The delta-8 THC phenomenon illustrates this principle in action within the cannabis market.
The study’s findings align with previous research on delta-8 THC internet searches, which showed higher search volumes in states without legal marijuana access. This digital footprint data had already suggested that prohibition states were seeing greater interest in delta-8 products, but the new study provides the first comprehensive survey data confirming actual usage patterns.
Safety and Regulatory Concerns Around Delta-8
Unlike regulated marijuana products, which are subject to quality control measures, dosage limits, and labeling requirements in legal states, delta-8 THC products often operate with minimal oversight. Convenience stores, gas stations, and online retailers often sell delta-8 products without applying the testing and safety protocols used for traditional cannabis products.
The Food and Drug Administration has received numerous reports of adverse events linked to delta-8 THC consumption and has issued warnings about the compound’s safety profile. The agency has determined that delta-8 THC does not meet the “Generally Recognized As Safe” standard for food additives and dietary supplements.
Policy Implications and Future Considerations
The study’s authors suggest that the current patchwork of state laws may be creating unintended public health risks. When people in prohibition states turn to delta-8 THC products, they may be consuming substances with less scientific study and regulatory scrutiny than traditional marijuana products available in legal states.
Dr. Leas advocates for clearer, nationwide standards that could help mitigate potential harms while recognizing the reality of consumer demand. “If we want to reduce harm, we need policies that reflect how people actually behave, not just how we hope they will,” he noted.
The research comes at an important time for federal cannabis policy. Congress has considered changes to the Farm Bill that could close the legal loopholes allowing delta-8 THC production. Some lawmakers and states have proposed and enacted measures banning hemp-derived cannabinoid products entirely, while others advocate for regulatory frameworks that would allow these products while ensuring safety standards.
As more states consider marijuana legalization and federal lawmakers debate cannabis policy reform, this research provides important insights into how prohibition can drive consumers toward alternative cannabinoids with lesser restirctions. The delta-8 THC phenomenon serves as a case study in the complex relationship between drug policy, market forces, and public health outcomes.
The findings suggest that policymakers aiming to reduce cannabis-related harms may benefit from considering approaches that address the potential substitution effects of prohibition. Banning one substance could unintentionally encourage the use of others, especially when those alternatives are less regulated and have fewer safety measures.
