Delta-8 THC Products Pack High Doses and Murky Labels, Study Finds

Rutgers Institute for Nicotine and Tobacco Studies

Walk into a gas station or head shop in much of the United States and you can buy gummies containing 25 milligrams or more of delta-8 THC per piece - two and a half times the legal limit for delta-9 THC in regulated cannabis markets. The packaging might feature bright colors and candy-like branding. The label might list milligrams of delta-8 THC without telling you the total weight of the product, making it impossible to calculate the actual concentration. And in some cases, a single gummy contains five separate servings, a detail easy to miss for anyone who pops one in their mouth like a regular piece of candy.

These are among the findings of a new study published in the Journal of Studies on Alcohol and Drugs that examined how delta-8 THC products are packaged, labeled, and marketed in the United States and Canada.

The Farm Bill loophole

Delta-8 THC exists in a regulatory gray zone. The compound is naturally present in cannabis plants, but in much lower quantities than delta-9 THC, the primary intoxicating substance commonly referred to simply as THC. Delta-8 is considered less potent than delta-9, but both compounds produce intoxicating effects.

The 2018 Farm Bill legalized hemp - defined as cannabis containing less than 0.3% delta-9 THC - and inadvertently created what many in the industry and public health communities view as a loophole. Delta-8 THC can be synthesized from hemp-derived CBD (cannabidiol), and because the Farm Bill did not specifically address it, these products have flooded the market with far less regulatory oversight than medical or recreational cannabis sold through licensed dispensaries.

What the packaging actually says - and does not say

Lead researcher Meagan Robichaud, a postdoctoral associate at the Rutgers Institute for Nicotine and Tobacco Studies, and colleagues analyzed packaging for 140 delta-8 THC products. The products were submitted by participants in the International Cannabis Policy Study during two survey waves in 2021 and 2022.

The problems they found cut across product types but were especially pronounced for vapes and edibles.

Vape packaging frequently listed milligrams of delta-8 THC without specifying the total product weight. Without both numbers, a consumer cannot determine the actual concentration - a critical piece of information for controlling dosage.

For edibles, over half claimed to contain at least 25 mg of delta-8 THC per piece. For comparison, the standard regulated dose for delta-9 THC in legal cannabis markets is 10 mg. One product contained five servings in a single gummy, meaning an unsuspecting consumer could easily ingest 125 mg or more of delta-8 THC in what looks like a single serving.

Bright colors, fruity flavors, and the word "natural"

The marketing patterns were equally concerning. Many packages featured bright colors, sweet or fruity flavor descriptions, and references to music and partying - design choices that Robichaud noted stood out for their appeal to younger consumers. Words like organic, natural, and vegan appeared frequently, potentially framing these intoxicating products as health-conscious choices.

Some states regulate or ban delta-8 THC products, but the patchwork of rules means that in many jurisdictions, these products face fewer requirements for labeling, testing, and marketing restrictions than the cannabis sold in licensed dispensaries.

What this study does and does not tell us

This is a packaging analysis, not a clinical study. The researchers did not test the actual cannabinoid content of the products against their labels - a study design that would answer the separate question of whether labels are accurate. They examined what information the packaging communicates (or fails to communicate) to consumers.

The sample of 140 products, while meaningful, was drawn from photos submitted by study participants rather than a systematic market survey. This means the sample may not be fully representative of everything available in the delta-8 THC market, which has continued to expand since 2022.

The study also cannot speak to actual health outcomes. Whether the high doses found in these products lead to more adverse events than regulated cannabis products is a separate empirical question that this research was not designed to answer.

Still, the findings illuminate a market operating with minimal guardrails. Products with intoxicating effects are being sold with inconsistent potency information, in packages designed to appeal to young people, at doses that exceed regulated limits for a more potent but chemically similar compound.

A consumer safety gap that policy has not closed

The delta-8 THC market has grown rapidly since the 2018 Farm Bill, and the regulatory framework has not kept pace. The absence of consistent labeling standards means consumers often cannot make informed decisions about dosage. The absence of marketing restrictions means products can be designed to appeal to demographics - particularly young people - who may be least equipped to understand the risks.

Robichaud cautioned consumers about the serving sizes of some products, noting how easily someone could consume more intoxicating cannabinoids than intended, potentially increasing the risk of adverse reactions.

The study adds to a growing body of evidence suggesting that the legal distinction between hemp and cannabis, as currently written, has created a consumer safety gap for intoxicating products that are widely available but poorly regulated.