by W.B. Kagan
PISCATAWAY, NJ – Cannabis products containing delta-8 THC have spiked in popularity in recent years, from gummies and brownies to vapes, pre-rolls, and tinctures. These products are frequently marketed as "legal" cannabis and often come in youth-oriented packaging, while lacking clear and consistent cannabinoid-content labels and health warnings to keep consumers safe, according to a new study in the Journal of Studies on Alcohol and Drugs.
Delta-8 THC products—along with other intoxicating "hemp-derived" products—have become widely available in the United States since the passage of the 2018 Farm Bill, which legalized the production of hemp, defined as cannabis plants and their derivatives containing less than 0.3% of delta-9 THC (tetrahydrocannabinol). The 2018 Farm Bill created a perceived legal loophole for cannabinoids made from hemp-derived CBD (cannabidiol), including delta-8 THC.
Delta-8 THC is naturally present in much lower quantities in the cannabis plant than delta-9 THC—the primary intoxicating substance in cannabis, often referred to simply as THC—and is considered less potent than delta-9 THC. However, both compounds have intoxicating effects, and the lack of oversight for delta-8 THC raises concerns for consumer safety. Delta-8 THC products are sold online and in gas stations, head shops, and other specialty stores.
"Some states regulate or ban these products, but, in general, they are subject to fewer regulations than the medical and recreational cannabis you see in licensed dispensaries," said lead researcher Meagan Robichaud, Ph.D., M.P.H., a Postdoctoral Associate at the Rutgers Institute for Nicotine and Tobacco Studies.
Robichaud, with co-authors in the United States and Canada, studied the packaging for delta-8 THC products to understand how they're marketed and how key information, such as product strength, is communicated. The researchers analyzed packaging for 140 products submitted by participants in the International Cannabis Policy Study (principal investigator: David Hammond, Ph.D., University of Waterloo, Ontario, Canada), which collected photos of delta-8 THC products used by the participants during two survey waves, in 2021 and 2022.
Packaging is more than just a container—it is a way to communicate potential product risks and instructions for safe use. "The lack of clarity and consistency in the cannabinoid content labels—in addition to the youth-appealing marketing on some packages—really stood out to me," noted Robichaud. "This was especially true for delta-8 THC vape products."
For example, packaging for vapes often mentioned milligrams of delta-8 THC without specifying the total product weight, so the concentration (milligrams per gram) wasn't clear. The amount of delta-8 THC in ingestible products was high: Over half the edibles claimed to have at least 25 mg per piece. The legal limit for delta-9 THC, for comparison, is 10 mg.
"I would caution consumers about the serving sizes of some of these products," said Robichaud. "One product in our study contained five servings in a single gummy. This can easily lead to people consuming more intoxicating cannabinoids than intended and potentially increase the risk of adverse reactions."
Many packages are designed to appeal to younger consumers, often featuring bright colors, fruity or sweet flavor descriptors, and references to music and partying. Words such as organic, natural, and vegan are also common and can make these products appear healthful. Lacking effective regulation, such marketing appeals can mask the risks of delta-8 THC while potentially overstating its benefits—something consumers need to know to stay vigilant, and stay safe.
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Robichaud, M. O., Spillane, T. E., Kennedy, R. D., & Hammond, D. (2026). Product characteristics, warnings, and marketing appeals conveyed on delta-8 THC product packaging in the United States and Canada. Journal of Studies on Alcohol and Drugs, 87(2), 209–221. https://doi.org/10.15288/jsad.25-00034
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