When states outlaw marijuana, consumers don’t stop seeking cannabis-like effects—they pivot. A new federally funded study published in September 2025 in the American Journal of Preventive Medicine shows that hemp-derived products like delta-8 THC are most popular in states where marijuana remains illegal. The findings highlight how prohibition can fuel demand for alternative cannabinoids that operate in legal gray areas, raising urgent questions about public health and regulation.

The Study: Who, What, and When

The research team, based at the University of California, San Diego, surveyed 1,523 U.S. adults about their cannabis and hemp-derived cannabinoid use. Results were released in September 2025, supported by the National Institute on Drug Abuse (NIDA) and the National Heart, Lung, and Blood Institute (NHLBI). MORE HERE: today.ucsd.edu, marijuanamoment.net

Key outcomes:

• 7.7% of adults reported lifetime delta-8 THC use.
• In states banning marijuana entirely, that number rose to 10.9%.
• In legal adult-use states, usage dropped to 5.5%.
• Medical-only states saw 8.5%.

The clear takeaway? Where regulated cannabis is inaccessible, consumers are more likely to turn to hemp-based products like delta-8 THC.

What Is Delta-8 THC and Why Does It Matter?

Delta-8 THC is a psychoactive compound derived from hemp-based CBD. Unlike delta-9 THC (the main psychoactive in marijuana), delta-8 exists in only trace amounts naturally, so manufacturers typically synthesize it from hemp extracts. Thanks to the 2018 Farm Bill, hemp products with less than 0.3% delta-9 THC are federally legal. That loophole opened the door for delta-8 to flourish.

However, the FDA has warned since 2021 about safety concerns, including contamination risks during synthesis and rising reports of accidental poisonings. READ MORE ABOUT: apnews.com. Still, without consistent state or federal rules, delta-8 has been widely sold in vape shops, gas stations, and online.

Regulatory Patchwork: Ban, Regulate, or Ignore

The study also assessed how state regulatory status impacts usage rates:

• Unregulated states: 10.5% of people reported using delta-8.
• Ban states: Only 4.5% reported using delta-8.
• Regulated states: Lowest usage at 3.9%.

These numbers highlight that when states regulate delta-8 within a legal cannabis framework, fewer consumers rely on it. Conversely, prohibition encourages reliance on unregulated products. MORE TO LEARN: today.ucsd.edu

Expert Commentary

Lead researcher Eric Leas, Ph.D., M.P.H. summed it up:

“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 well-studied or poorly regulated.”

This substitution effect mirrors earlier findings published in the Journal of Medical Toxicology and the International Journal of Drug Policy, both of which noted higher rates of poison control calls and internet search traffic for delta-8 THC in prohibition states. READ MORE HERE: cannabisbusinesstimes.com

Public Health Implications

Delta-8’s rise is more than a consumer trend—it’s a regulatory blind spot:

• Safety risks: Because delta-8 is often synthesized in unregulated labs, contamination with solvents or heavy metals is possible.
• Youth access: Convenience store and online availability means minors can purchase delta-8 products more easily than regulated cannabis.
• Poisoning uptick: The FDA and CDC have documented rising emergency calls and adverse events linked to delta-8 since 2021.

By contrast, in states with regulated cannabis, products undergo lab testing, potency caps, and strict age verification—measures designed to protect public health.

Policy Lessons

The federally funded study carries clear lessons for lawmakers:

1. Prohibition doesn’t erase demand — it simply diverts it to alternative cannabinoids.
2. Regulation works better than bans — regulated cannabis markets reduce consumer reliance on hemp-derived substitutes.
3. Federal clarity is overdue — the lack of a consistent national framework for hemp cannabinoids creates confusion for consumers and businesses alike.
4. Tax and revenue potential — prohibition states forgo cannabis tax revenues while fueling underground or gray markets in delta-8.

Case Examples

• Texas (2025): Amid intense debate on banning hemp-derived THC products, sales of delta-8 gummies and vapes surged. When the legislature stalled on banning them, retailers continued to capitalize on consumer demand. READ MORE HERE: houstonchronicle.com
• Kentucky (2023–2024): Initially attempted to ban delta-8, but later reversed course and imposed regulations, acknowledging that prohibition was unenforceable.
• New York (2022): As recreational cannabis rolled out, the state cracked down on delta-8, citing public safety—but regulated dispensaries soon filled the demand gap.

Looking Ahead

The research suggests that delta-8 THC’s popularity is a symptom of inconsistent cannabis laws. As more states legalize and regulate marijuana, reliance on hemp-derived substitutes may decrease. Still, as long as federal law leaves hemp cannabinoids in a gray zone, demand is unlikely to vanish.

With Congress debating updates to the Farm Bill in late 2025, policymakers may finally address delta-8 directly—closing loopholes or creating new regulatory categories. Until then, prohibition states may continue fueling the very markets they aim to suppress.