Delta-8 THC Use Is Higher Where Marijuana Is Banned and Delta-8 Is Unregulated | Research

The takeaway

Delta-8 THC use was roughly twice as high in states where marijuana was prohibited (10.9%) compared to states with recreational marijuana (5.5%), and states regulating delta-8 sales saw even lower rates (3.9%).

Policymakers, public health officials, and cannabis policy researchers.

What the researchers found

Adults in recreational marijuana states had 52% lower odds of delta-8 use (aRR=0.48) than those in prohibition states. Adults in states that regulated delta-8 sales had 67% lower odds of use (aRR=0.33) and those in states prohibiting delta-8 had 53% lower odds (aRR=0.47) compared to unregulated states.

Why it matters

Delta-8 THC exists in a regulatory gap created by the Farm Bill. This study provides the first nationally representative evidence that both marijuana legalization and direct delta-8 regulation independently reduce delta-8 use, offering policymakers concrete data for closing this gap.

The numbers in context

Overall delta-8 lifetime use: 7.7%. By marijuana policy: prohibited states 10.9%, medical-only 8.5%, recreational 5.5%. By delta-8 policy: unregulated 10.5%, regulated 3.9%, prohibited 4.5%. Recreational marijuana: aRR=0.48 (95% CI: 0.33, 0.70). Delta-8 regulation: aRR=0.33 (95% CI: 0.20, 0.55).

How the study worked

Cross-sectional web survey of 1,523 U.S. adults (October-November 2023) weighted to represent the national adult population. Inverse-probability-of-treatment weights balanced covariates across policy groups. Adjusted risk ratios estimated for both marijuana policy and delta-8 policy categories.

What this study cannot tell us

Cross-sectional design cannot prove that policies caused differences in use. Self-reported use may be subject to social desirability bias. Policy classifications may not capture enforcement variation within states. The survey captured lifetime use, not current use.

How to read the evidence

Nationally representative sample with appropriate causal inference methods (IPTW), but cross-sectional design and self-reported outcome limit causal certainty.

When this study was published

Published 2025, survey conducted October-November 2023.

The bigger picture

This suggests delta-8 THC functions partly as a substitute for marijuana where marijuana is unavailable. The stronger effect of direct delta-8 regulation compared to marijuana legalization implies that some users specifically seek delta-8 products, possibly for their distinct effects or accessibility.

Questions still open

Whether delta-8 users in prohibition states switch to marijuana when it becomes legal or stop using cannabinoids entirely
How delta-8 regulation affects other hemp-derived cannabinoid products like HHC and THCA

Common questions

Why would marijuana legalization reduce delta-8 use?

When people can legally buy regulated marijuana products, they may have less reason to seek out delta-8 THC, which occupies a legal gray area and may have less predictable quality and potency.

Does banning delta-8 actually work?

The data suggests yes: states that prohibited or regulated delta-8 sales had significantly lower use rates than states with unregulated markets, even after adjusting for demographic differences.

Read the original research

U.S. State Marijuana and Delta-8-Tetrahydrocannabinol Laws and Delta-8-Tetrahydrocannabinol Use.

American journal of preventive medicine, 69(6), 108026

View on PubMed ↗Publisher’s paper ↗

Citation

Satybaldiyeva, Nora; Yang, Kevin H; Kepner, Wayne E; Leas, Eric C. (2025). U.S. State Marijuana and Delta-8-Tetrahydrocannabinol Laws and Delta-8-Tetrahydrocannabinol Use.. American journal of preventive medicine, 69(6), 108026. https://doi.org/10.1016/j.amepre.2025.108026