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Study Finds Delta-8 THC Use Surges in States That Still Ban Marijuana

Jessica Simpson

A new federally funded study has confirmed what many cannabis advocates have long argued: where marijuana remains illegal, consumers are turning to hemp-based alternatives like delta-8 THC.

Researchers at UC San Diego analyzed responses from over 1,500 adults and found that while just 7.7 percent reported using delta-8 overall, usage was far higher 11 percent in states where cannabis is prohibited. By contrast, only 5.5 percent of adults in states with fully legal marijuana said they’d used delta-8.

The study, published in the American Journal of Preventive Medicine, also revealed that access laws matter. In states with no rules restricting delta-8 sales, use was 10.5 percent. In states that regulated or prohibited it, usage dropped to 3.9–4.5 percent.

“This is a classic case of unintended consequences in public policy,” said senior author Eric Leas, a UC San Diego public health researcher. “People don’t just stop using cannabis when their state bans it. They often shift to alternatives that are easier to access, even if they’re less studied or poorly regulated.”

Delta-8 THC, which became widely available after the 2018 Farm Bill legalized hemp, has quickly grown into a multi-billion-dollar industry despite minimal research into its safety. Poisonings and health concerns tied to the compound have been rising, with experts warning that consumers often mistake its legality for proof of safety.

Leas has publicly advocated banning intoxicating hemp derivatives like delta-8. “Providing legal access to cannabis that meets safety standards and disallowing understudied and poorly regulated products like delta-8 THC could be one way to prioritize public health in our cannabis policies,” he said.

The research was funded by the National Institute on Drug Abuse and the National Institutes of Health. Its findings add to a growing body of evidence including earlier reports linking delta-8 poison control calls and Google search spikes to prohibition states that cannabis bans may actually drive riskier consumer behavior.

Meanwhile, the debate is heating up in Washington. Proposals in Congress would effectively ban most hemp-derived cannabinoids, though industry groups are pushing back, calling the move overreaching. Senators like Rand Paul (R-KY) are seeking a compromise to preserve parts of the hemp market, while others in the House insist a broad ban is necessary.

With cannabis policy at a crossroads, the study reinforces one central truth: prohibition doesn’t erase demand. It shifts it to unregulated, uncertain products like delta-8.

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