A new study published in the Journal of Medical Toxicology highlights a significant increase in hemp-derived delta-8 THC exposures in the U.S., particularly in states where marijuana remains illegal.
The study found that rates of delta-8 THC exposures reported to poison centers were 79% higher in 2022 than in 2021, with the U.S. South accounting for over two-thirds of all cases. States where cannabis use is illegal or delta-8 THC is unregulated showed significantly higher exposure rates than states with more stringent regulations or legalized cannabis, according to the study.
Researchers from multiple institutions, including Nationwide Children’s Hospital and the Ohio State University, analyzed data from the National Poison Data System (NPDS) from January 2021 to December 2022.
The study indicates that delta-8 THC exposure rates were notably lower in states where cannabis use was legal or delta-8 THC was banned. “The rate of delta-8-THC exposures reported to PCs was significantly lower among states where delta-8 was banned and among states where cannabis use was legal,” the authors wrote.
State-level variations
States in the South, a region where no state permits recreational marijuana sales, saw the highest concentration of poison center reports. These states, where delta-8 THC remains largely unregulated, reported a mean exposure rate of 1.64 per 100,000 people in 2022, in contrast to states with legalized cannabis, which reported a rate of just 0.52 per 100,000.
The study grouped states into three categories: those where delta-8 THC was unregulated, those where it was restricted but not banned, and those where it was outright banned.
Similarly, cannabis status was broken down into six categories, based on whether medical or recreational marijuana was legal, and if those laws changed during the study period. The findings were consistent: states with a legal cannabis framework, either medical or recreational, saw fewer delta-8 THC exposures.
In states where delta-8 THC was unregulated, the mean exposure rate per 100,000 people stood at 1.36 in 2022, compared to just 0.17 in states that banned the cannabinoid. Authors of the study stressed that uniform regulation across all states could mitigate public health risks.
Public health and policy
The rise of delta-8 THC is largely attributed to the 2018 Farm Bill, which legalized hemp and its derivatives, creating a legal loophole that allowed delta-8 THC products to flood the market. This increase in availability, particularly in states with strict delta-9 THC laws, has contributed to delta-8’s rise as a substitute product. “In part, this is due to less market competition from delta-9-THC products in states where their use was illegal,” the study notes.
Delta-8 products most commonly appear as snacks or candies such as gummies. Producers have been criticized for packaging them in motifs that mimic popular brands. Widely available in gas stations and online, the products often lack proper regulation, resulting in risks such as contamination and inaccurate labeling.
Alarming reports
Although delta-8 is technically legal in many areas, the lack of federal oversight has raised safety concerns, particularly for children and teenagers. The study reported that 30% of exposures involved children under the age of six, with some requiring hospital admission.
Despite growing concern, legislative action on delta-8 THC and other hemp intoxicants remains inconsistent. Some states are introducing regulations, while federal lawmakers, through amendments like Rep. Mary Miller’s proposal to the 2024 Farm Bill, are considering a ban on delta-8 and all other hemp-derived cannabinoids.
The study concludes by advocating for nationwide regulation of delta-8 THC to mitigate health risks. “Although public policy efforts have focused more on delta-9-THC, our study’s findings support the need for adoption of consistent regulation of delta-8-THC across all states,” the authors write.
The Journal of Medical Toxicology is published by London-based Springer Nature on behalf of the American College of Medical Toxicology.