Delta-8-THC, a hemp-derived compound marketed as a “legal high,” has become a booming business in Florida and other states where legal access to marijuana remains restricted. But public health officials warn that the products are poorly regulated, potentially unsafe, and increasingly popular in communities where consumers have few legal cannabis options.
Unlike medical marijuana sold in licensed dispensaries, delta-8 products are widely available in Florida gas stations, smoke shops, and online retailers. They often come in colorful packaging, including gummies and vape cartridges, and are marketed with little oversight of potency, purity, or labeling. The U.S. Food and Drug Administration has determined that delta-8 products are “not generally recognized as safe” and has flagged reports of adverse health effects ranging from hallucinations and vomiting to loss of consciousness. Regulators have also warned that some products mimic popular candies and snacks, creating risks of accidental ingestion by children.
A new study published in the American Journal of Preventive Medicine suggests that Florida’s legal gray zone is driving higher use of delta-8 compared with states that either legalize marijuana outright or impose strict rules on hemp-derived cannabinoids. Researchers surveyed more than 1,500 U.S. adults in late 2023 and found that 7.7 percent — roughly 19 million people — reported having tried delta-8 at least once.
But use wasn’t evenly distributed across the country. In states where recreational marijuana remains prohibited, lifetime delta-8 use was nearly double that of recreational states. In prohibition states, 10.9 percent of adults reported using delta-8, compared with just 5.5 percent in states with recreational cannabis laws. That pattern suggests consumers substitute delta-8 for marijuana when access to traditional cannabis is blocked.
Florida is emblematic of that trend. The state allows medical marijuana but has repeatedly rejected efforts to legalize recreational use. At the same time, it has not imposed restrictions on the sale of delta-8. The study found that states with unregulated delta-8 markets, such as Florida, reported the highest prevalence of use, at 10.5 percent of adults. By contrast, states that regulated delta-8 products — limiting sales to dispensaries or setting potency caps — saw lifetime use rates drop to 3.9 percent. States that prohibited delta-8 altogether reported 4.5 percent.
Public health experts say those differences matter. Delta-8 is chemically similar to delta-9-THC, the primary psychoactive ingredient in marijuana, but it is often synthesized from hemp-derived CBD through chemical conversion. That process can produce byproducts or contaminants if not carefully controlled, raising concerns about product safety. Without regulatory requirements for lab testing, consumers in Florida and other unregulated states have little assurance about what they are ingesting.
The study’s authors argue that “closing regulatory gaps” could reduce use of unregulated delta-8 products and limit exposure to potentially harmful compounds. “The findings suggest that when marijuana is restricted, people turn to delta-8 products instead,” the researchers wrote, warning that prohibition may not suppress demand so much as redirect it toward less-regulated alternatives.
The debate over delta-8 is now playing out on multiple fronts. At the federal level, Congress is considering revisions to the 2024 Farm Bill that would cap total THC content in hemp-derived products and restrict the manufacture and sale of cannabinoids created through chemical conversion, like delta-8. The FDA and Federal Trade Commission have also issued warning letters to manufacturers for selling products designed to appeal to children or marketed with misleading health claims.
For Florida lawmakers, the study underscores the complexity of cannabis regulation. By maintaining a ban on recreational marijuana while leaving delta-8 unregulated, the state has created conditions that encourage the spread of a poorly understood substitute. Consumers seeking legal alternatives can easily find delta-8 products in retail outlets, often with no age verification and no safety testing. Meanwhile, public health agencies continue to document a rise in emergency room visits and poison control calls related to accidental or excessive ingestion of delta-8.
The authors of the study conclude that stricter rules—whether through regulation, dispensary-only sales, or outright prohibition—are effective in curbing use. But Florida’s policymakers have so far focused their attention on marijuana legalization debates rather than addressing the booming market for hemp-derived psychoactives.
Until that changes, Floridians will remain among the most likely in the nation to encounter, purchase, and use delta-8 products.
