New Study Links Delta-8-THC Use to State Cannabis Laws and Marijuana Restrictions

In a recently published study, researchers at the Stanford University School of Medicine and University of California San Diego examined the links between delta-8-THC use and state policies on cannabis and on delta-8-THC sales (1). The compound is structurally similar compound to delta-9-THC and produces similar psychotropic effects, the researchers explain in the study’s introduction. The rise of the popularity of the compound came after the 2018 Farm Bill when manufacturers began to sell hemp-derived products, including delta-8-THC, with legislative steps subsequently being taken throughout the country to restrict products, they add. The study “U.S. State Marijuana and Delta-8-Tetrahydrocannabinol Laws and Delta-8-Tetrahydrocannabinol Use” was published in the American Journal of Preventive Medicine in September 2025 and was funded in part by a grant from the US National Institute on Drug Abuse.

How State Cannabis and Delta-8-THC Regulations Impact Consumption Trends

In this study, the researchers examined results from a cross-sectional, web-based survey conducted from October to November 2023 with 1,523 US adults. The participants were nationally representative, covering all 50 states and Washington DC. To determine the restrictions or permissions surrounding delta-8-THC in each state, the researchers compiled data using various relevant sources, as no single authoritative source of policy exists, they explained.

Highlighted results from the survey include:

• Approximately 7.7% of the respondents reported using delta-8-THC in their lifetime
• In states with recreational cannabis use, 5.5% of participants reported delta-8-THC use
• In states with medical cannabis use only, 8.5% reported delta-8-THC use
• In states with cannabis prohibition, 10.9% reported delta-8-THC use
• 10.5% of participants reported delta-8-THC use in states without regulated markets for the compound
• In comparison, in regulated delta-8-THC markets, 3.9% of participants reported its use, and in states with delta-8-THC prohibition, 4.5% reported use

Limitations to the study include the use of self-reported data and the possibility of alternative interpretations of the policies and regulations compiled by the researchers. The results of the study should not be determined to be causal, the researchers also noted.

Public Health Implications of Delta-8-THC and Cannabis Policy Differences

Overall, states that restricted cannabis use showed the highest delta-8-THC use, while restrictions or prohibitions on delta-8-THC sales showed lower use the researchers concluded, also suggesting that further studies should focus on motives for use, understandings of legality, and the effects of specific aspects of policies. “As regulations governing hemp-derived cannabinoids such as delta-8-THC continue to change, understanding how state marijuana and hemp restrictions influence use will inform public health and policy responses,” they state.

“These findings underscore that people don’t just stop using cannabis when their state bans it,” stated senior study author Eric Leas, PhD, MPH, assistant professor at UC San Diego, in a September 3 press release from the university (2). “They often shift to alternatives that are easier to access, even if they’re less well-studied or poorly regulated. It’s a classic case of unintended consequences in public policy.”

As noted in the study’s introduction, in 2022 the Food and Drug Administration declared that delta-8-THC is not Generally Recognized as Safe (GRAS) and has sent warning letters to certain manufacturers.

“Many people assume that because something is legal, it must be safe,” Leas added. “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.” He also stated that future policies should reflect actual behavior in order to reduce harm.

References

1. Satybaldiyeva, N.; Yang,KH.; Kepner, WE.; Leas, EC. U.S. State Marijuana and Delta-8-Tetrahydrocannabinol Laws and Delta-8-Tetrahydrocannabinol Use, American Journal of Preventive Medicine, 2025, DOI: 10.1016/j.amepre.2025.108026.
2. Lopez, L. Delta-8 THC Use Highest Where Marijuana Is Illegal, Study Finds https://today.ucsd.edu/story/delta-8-thc-use-highest-where-marijuana-is-illegal-study-finds (accessed 2025-09-09).