Cannabis Prohibition Creates Demand for Alternatives
A new study from the University of California, San Diego, suggests that prohibiting cannabis does not eliminate its use. Instead, consumers turn to legal substitutes such as delta-8 THC, a compound derived from hemp. According to the findings, nearly 19 million American adults have already tried delta-8 THC, making it one of the fastest-growing alternatives to cannabis in states where marijuana remains prohibited.
Delta-8 THC is chemically similar to delta-9 THC, the primary intoxicating compound in cannabis, but is usually produced in laboratories by converting hemp-derived CBD. Because of a loophole in the 2018 Farm Bill, hemp products containing less than 0.3% delta-9 THC are legal, while delta-8 THC is not specifically addressed. This gap has created an expansive and largely unregulated market.
Higher Use in Prohibition States
The UC San Diego researchers, publishing their results in the American Journal of Preventive Medicine on September 3, found that cannabis bans correlate with greater use of hemp-derived intoxicants. Surveying more than 1,500 adults across the United States, they discovered that:
- 10.9% of adults in prohibition states reported using delta-8 THC.
- 5.5% of adults in states with legal recreational cannabis had tried it.
- 8.5% of adults in medical-only states, such as Florida, reported use.
This pattern indicates that when access to regulated cannabis is limited, consumers seek substitutes that are easier to purchase.
Safety Concerns and Public Health Risks
Delta-8 THC is widely available in gas stations, smoke shops and convenience stores. Products are often packaged in colorful, candy-like designs, raising concerns about accidental ingestion, particularly among children.
Both the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC)have issued warnings since 2021, citing “serious health risks” associated with delta-8 THC. Poison control centers have reported a sharp rise in incidents linked to these products.
Study co-author Eric Leas, Ph.D., M.P.H., emphasized the dangers of poor regulation: “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. It’s a classic case of unintended consequences in public policy.”
Legislative Loopholes and Policy Debates
The rapid spread of delta-8 THC products highlights weaknesses in U.S. cannabis regulation. While Senator Mitch McConnell initially championed hemp legalization in the 2018 Farm Bill, he has since acknowledged the unintended consequences. In July 2025, he attempted—unsuccessfully—to ban hemp-derived THC through a federal spending bill.
The study’s authors argue that the lack of federal clarity on cannabinoids in finished goods has allowed manufacturers to exploit the legal gap. They suggest updating the Farm Bill or passing new legislation to establish standards for production and distribution.
The Case for Balanced Cannabis Policy
Leas and his team caution against strict prohibition, noting that bans tend to shift demand rather than eliminate it. They propose that legal access to regulated cannabis could reduce reliance on poorly studied alternatives like delta-8 THC.
“We often think banning a product solves the problem. But when the market moves faster than regulation, it can create new problems,” Leas said. “If we want to reduce harm, we need policies that reflect how people actually behave, not just how we hope they will.”
Looking Ahead
With nearly 90 million people living in states such as Texas, Georgia, North Carolina, Florida, and Pennsylvania—where cannabis access remains restricted—delta-8 THC is unlikely to disappear anytime soon. Unless policymakers address regulatory gaps, hemp-derived intoxicants will continue to flourish in markets where traditional cannabis remains tightly controlled.
Related Reading
For more on cannabis laws and global developments, read these articles on our portal:
- Meta Lifts Cannabis Search Ban on Facebook and Instagram
- Thailand Tightens Cannabis Laws to Prevent Tourist Smuggling
- Denmark to Legalize Medical Cannabis by 2026
