Analysis: Consumers More Likely to Use Unregulated Delta-8-THC Products in States Where Cannabis Is Criminalized

Marijuana Labeling

Public use of unregulated products containing delta-8-THC is greater in states where cannabis is criminalized, according to data published in the Journal of the American Medical Association (JAMA).

Investigators affiliated with the University of Michigan, the University of Buffalo, and the Legacy Research Institute in Portland, Oregon analyzed survey results from over 1,100 respondents.

Overall, 12 percent of respondents acknowledged having consumed delta-8-THC products in the past year. Respondents who resided in states without either medical cannabis or adult-use access were more likely to report delta-8-THC consumption. Specifically, those who lived where medical cannabis was legal had 56 percent lower odds of using delta-8 products, while those who resided in legal states had 55 percent lower odds. “Higher delta-8-THC use in states without medical or adult-use cannabis laws suggests that cannabis prohibition may unintentionally promote delta-8-THC use,” the study’s authors concluded.

Commenting on the study’s findings, NORML’s Deputy Director Paul Armentano said: “The limited popularity of these products is a predictable outgrowth of criminal marijuana prohibition. As one would expect, there exists far less demand for these unregulated products in an environment where whole-plant cannabis legally regulated and available.”

Although delta-8 THC occurs organically in the cannabis plant, it is typically only produced in nominal quantities. By contrast, the elevated quantities of delta-8 THC found in commercially available products are the result of a chemical synthesis during which manufacturers convert hemp-derived CBD to delta-8 THC. Manufacturers engaged in synthesizing delta-8 THC are not regulated and often use potentially dangerous household products to facilitate this process. Lab analyses of unregulated delta-8 products have consistently found them to contain lower levels of the compound then advertised on the products’ labels. Some products have also been found to possess heavy metal contaminants and unlabeled cutting agents

The findings of the JAMA study are consistent with those of other studies reporting heightened public interest in unregulated delta-8-THC products in jurisdictions where marijuana is criminalized. Studies have also identified drops in the popularity of unregulated synthetic cannabinoid products, such as those containing Spice or K2, following marijuana legalization.

In 2022, NORML issued a report on delta-8 THC and other novel, synthetically derived cannabinoids that cautioned consumers to avoid these unregulated products because they are untested and may contain impurities.

An abstract of the study, “Past year prevalence of cannabidiol, cannabigerol, cannabinol, and delta-8-THC among US adults,” is available from JAMA. Additional information is available from the NORML Fact Sheet, “NORML’s Guide to Delta-8 THC and Other Novel Cannabinoids.”