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