---
title: "Study: Delta-8 THC Rises in Illegal Weed States"
description: Study reveals rise in Delta-8 THC use in states where marijuana is illegal, urging the need for better cannabis policies to protect public health.
image: https://420intel.com/hubfs/elsa-olofsson-QbtFKc-KH-o-unsplash.jpg
---

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# Study: Delta-8 THC Rises in Illegal Weed States

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- [Medical Cannabis News](https://420intel.com/blog/tag/medical-cannabis-news)
- 4 September 2025

A new study from the University of California San Diego sheds light on the rapid rise of **Delta-8**, a psychoactive compound marketed as a legal alternative to marijuana. Published in the *American Journal of Preventive Medicine*, the research reveals that **Delta-8** is most commonly used in states where marijuana remains illegal and **Delta-8** sales are unregulated. This suggests that gaps in cannabis policy may be steering consumers toward less-regulated substances while allowing manufacturers to exploit legal loopholes.

The study classified states by two key factors: whether marijuana was legal for medical or recreational use, and whether **Delta-8** sales were banned, regulated or unregulated. Based on a nationally representative survey of 1,523 U.S. adults, researchers found 7.7% reported lifetime **Delta-8** use. Adults in states that prohibit all forms of marijuana were about twice as likely (10.9%) to have used **Delta-8** compared to those in states with recreational marijuana. Likewise, **Delta-8** use was far higher in unregulated states (10.5%) than in states that had banned (4.5%) or regulated (3.9%) the compound.

Eric Leas, Ph.D., senior author of the study, called this “a classic case of unintended consequences in public policy.” He explained that people don’t stop using cannabis when it’s banned; they often turn to alternatives like **Delta-8** that are easier to access, even if they’re poorly studied or unregulated.

**Delta-8** is a chemical cousin to delta-9 THC, marijuana’s primary psychoactive ingredient. Although it occurs naturally in small amounts, most **Delta-8** products are synthesized by converting hemp-derived CBD a process made possible after the 2018 U.S. Farm Bill legalized industrial hemp. Because **Delta-8** can be produced from legally cultivated hemp, many manufacturers argue they can legally sell **Delta-8** products. Yet the Food and Drug Administration has issued safety warnings and determined it is not a legal food additive.

Unlike regulated marijuana products subject to quality control and labeling, **Delta-8** is often sold in convenience stores and online with little oversight. Some **Delta-8** products resemble snacks or candies, increasing the risk of accidental ingestion by children. The FDA has received rising numbers of adverse-event reports linked to **Delta-8**, underscoring the need for clearer nationwide standards.

The UC San Diego team argues that providing safe, regulated access to cannabis and closing the hemp loophole for **Delta-8** could better protect public health. They urge lawmakers to craft policies that reflect real-world behavior so that consumers aren’t left relying on understudied and unregulated products like **Delta-8**.

 

[by UC San Diego Today - University of California San Diego](https://today.ucsd.edu/story/delta-8-thc-use-highest-where-marijuana-is-illegal-study-finds)

 

[Medical Cannabis News](https://420intel.com/blog/tag/medical-cannabis-news)

![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=200&height=200&name=Buzz-No%20Outline-2.png)

#### [Buzz](https://420intel.com/blog/author/buzz)

At 420 Intel, we cover cannabis legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between.

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[Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![Ottawa police shut down unlicenced cannabis dispensary in Vanier](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/The%20image%20depicts%20a%20small%20unassuming%20storefront%20with%20a%20faded%20sign%20that%20reads%20Green%20Leaf%20Dispensary%20The%20entrance%20is%20boarded%20up%20with%20wooden%20planks%20and%20a%20yellow%20Closed%20sign%20hangs%20in%20the%20window%20indicating%20its%20recent%20shutdown%20Surrounding%20the%20building%20a%20gr.jpeg?width=550&height=395&name=The%20image%20depicts%20a%20small%20unassuming%20storefront%20with%20a%20faded%20sign%20that%20reads%20Green%20Leaf%20Dispensary%20The%20entrance%20is%20boarded%20up%20with%20wooden%20planks%20and%20a%20yellow%20Closed%20sign%20hangs%20in%20the%20window%20indicating%20its%20recent%20shutdown%20Surrounding%20the%20building%20a%20gr.jpeg)](https://420intel.com/blog/ottawa-police-shut-down-unlicenced-cannabis-dispensary-in-vanier)

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- 29 April 2025

#### [Ottawa police shut down unlicenced cannabis dispensary in Vanier](https://420intel.com/blog/ottawa-police-shut-down-unlicenced-cannabis-dispensary-in-vanier)

Ottawa police have recently shut down an unlicensed cannabis dispensary located on Beechwood...

[Cannabis Politics](https://420intel.com/blog/tag/cannabis-politics) [![A new funding source in the illicit Cannabis industry: China](https://420intel.com/hs-fs/hubfs/Imported_Blog_Media/A%20new%20funding%20source%20in%20the%20illicit%20Cannabis%20industry%20China.jpg?width=550&height=395&name=A%20new%20funding%20source%20in%20the%20illicit%20Cannabis%20industry%20China.jpg)](https://420intel.com/blog/new-funding-source-illicit-cannabis-industry-china)

- [Admin](https://420intel.com/blog/author/admin)
- 7 March 2024

#### [A new funding source in the illicit Cannabis industry: China](https://420intel.com/blog/new-funding-source-illicit-cannabis-industry-china)

## Multiple states in the West are seeing an increase in Chinese workers and funding at unlicensed...

[Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) [![Cannabis: Intoxicating Hemp Still Surging in Alaska](https://420intel.com/hs-fs/hubfs/AdobeStock_320860867.jpeg?width=550&height=395&name=AdobeStock_320860867.jpeg)](https://420intel.com/blog/cannabis-intoxicating-hemp-still-surging-in-alaska)

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- 7 November 2025

#### [Cannabis: Intoxicating Hemp Still Surging in Alaska](https://420intel.com/blog/cannabis-intoxicating-hemp-still-surging-in-alaska)

In recent months, the conversation around **intoxicating hemp** has heated up, especially after a major...

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