A national survey found 74% of US vape shops sold intoxicating hemp-derived cannabis products, including 43% of shops in states that have banned delta-8 THC, revealing widespread non-compliance with existing regulations.
Federal and state cannabis regulators, Farm Bill legislators, public health officials
43% of vape shops in ban states still sell intoxicating cannabis products
What the researchers found
74% of 520 surveyed vape shops sold intoxicating cannabis products. Availability varied by regulatory context: 92% in states with limited/no regulations, 90% in states with significant restrictions, 53% in states with substantial regulations, and 43% in states with outright bans. Products were sold in every state except Washington and Alaska, both of which banned hemp-derived intoxicating products and had active legal cannabis retail.
Why it matters
This is the first national snapshot showing that intoxicating cannabis products are available in retail stores in all 50 states. The finding that 43% of shops in ban states still sell these products shows current enforcement is largely ineffective.
The numbers in context
520 vape shops surveyed; 74% sold intoxicating cannabis products; 43% in ban states; 53% in regulated states; 90% in restricted states; 92% in unregulated states; available in 48/50 states.
How the study worked
Systematic survey of 520 US vape shops (10 per state, DC, and Puerto Rico) conducted November-December 2023 by phone, assessing availability of 6 commonly sold intoxicating cannabis products.
What this study cannot tell us
Phone survey may not capture all product types. 10 shops per state is a limited sample. Cannot verify product contents or potency.
How to read the evidence
National systematic survey with representative sampling, limited by 10 shops per state.
When this study was published
2024 publication with November-December 2023 data
The bigger picture
Combined with licensed dispensaries, intoxicating cannabis products can now be purchased retail in all 50 states, DC, and Puerto Rico. The hemp loophole created by the 2018 Farm Bill has effectively created a national unregulated cannabis market operating alongside state-regulated ones.
Questions still open
- Would explicit prohibition of hemp-derived intoxicating products in the 2024 Farm Bill be enforceable?
- Are states with both legal cannabis retail and hemp bans (WA, AK) a model for effective regulation?
Common questions
Can you buy cannabis products in every US state?
Do cannabis product bans actually work?
Read the original research
Intoxicating Cannabis Products in Vape Shops: United States, 2023.
American journal of preventive medicine, 67(5), 776-784
Citation
Rossheim, Matthew E; LoParco, Cassidy R; Tillett, Kayla K; Treffers, Ryan D; Livingston, Melvin D; Berg, Carla J. (2024). Intoxicating Cannabis Products in Vape Shops: United States, 2023.. American journal of preventive medicine, 67(5), 776-784. https://doi.org/10.1016/j.amepre.2024.07.001