13 Delta-8 THC Statistics: Use, Safety Reports, and Federal Law

Delta-8 THC went from a little-known cannabinoid to a gas-station staple in a few years, largely because it was sold as hemp under the 2018 Farm Bill. That window is now closing: Congress rewrote the federal hemp definition in November 2025, and most of the changes take effect in late 2026. The statistics below cover how many adults and teens use delta-8, where use is highest, what poison centers and the FDA have recorded, and what the new federal rules mean. For how delta-8 compares with other cannabinoids, see cannabinoids explained.

1. 11.9% of U.S. adults used delta-8 THC in the past year

A nationally representative NORC AmeriSpeak survey of adults, fielded in June 2023 and published in JAMA Network Open, found that 11.9% had used delta-8 THC in the past 12 months, and 41.2% had heard of it.

2. A quarter of adults used an emerging cannabinoid

Counting CBD, delta-8, CBG, and CBN together, 25.2% of adults reported past-year use of at least one. CBD was the most common at 21.1%, followed by delta-8 (11.9%), CBG (5.2%), and CBN (4.4%). See our CBD statistics for more.

3. Most delta-8 users also use cannabis

79.9% of past-year delta-8 users also reported using cannabis in the past year, compared with 26.3% of all respondents.

4. Delta-8 users skew younger

The median age of delta-8 users was 34, versus 50 for non-users.

5. Adults in legal-cannabis states are less likely to use delta-8

After adjusting for other factors, living in a state with medical cannabis (odds ratio 0.44) or recreational cannabis (0.45) was linked to roughly half the odds of delta-8 use compared with states without legal cannabis.

6. 11.4% of high school seniors used delta-8 in 2023

The first national estimate, from the Monitoring the Future survey and published in JAMA, found 11.4% of 12th graders used delta-8 THC in the past year, compared with 30.4% who used marijuana.

7. About 91% of teen delta-8 users also used marijuana

Per NIDA, about 91% of seniors who used delta-8 also reported marijuana use, and 35.4% of delta-8 users had used it 10 or more times in the past year.

8. Teen use is nearly three times higher in the South than the West

Past-year use was 14.3% in the South vs. 5.0% in the West. It was also higher in states without regulations on delta-8 (14.4% vs. 5.7%) and in states without adult-use cannabis laws (14.0% vs. 8.0%).

9. In 2025, 9% of seniors used hemp-derived intoxicants

The 2025 Monitoring the Future survey asked about hemp-derived psychoactive products, including delta-8. Past-year use was 2% in 8th grade, 6% in 10th grade, and 9% in 12th grade. See our full teen cannabis use statistics.

10. Poison centers recorded 2,362 delta-8 exposure cases in about 14 months

Between January 1, 2021, and February 28, 2022, national poison control centers received 2,362 exposure cases involving delta-8 THC products. 58% involved adults and 41% involved people under 18.

11. Most unintentional exposures involved children

Of those cases, 40% were unintentional, and 82% of the unintentional exposures affected pediatric patients. 70% of all cases required evaluation at a health care facility, and 8% of those patients were admitted to a critical care unit. One pediatric case was reported as having died.

12. Two-thirds of FDA adverse event reports involved edibles

From December 2020 to February 2022, the FDA received 104 adverse event reports about delta-8 products. 55% required intervention or hospital admission, and 66% described adverse events after eating delta-8 food products. The FDA also notes these products are often sold at gas stations and convenience stores, where there may be no age limits. Our edibles statistics cover accidental ingestion more broadly.

13. A 2025 law redefines hemp and caps finished products at 0.4 mg THC

The appropriations act enacted on November 12, 2025 (P.L. 119-37) redefines hemp as having no more than 0.3% total THC, now including THCA, and limits final hemp-derived cannabinoid products to 0.4 mg of total THC per container. It also excludes cannabinoids that are synthesized or manufactured outside the plant. A later law (P.L. 119-103) pushed most provisions to December 11, 2026, while the exclusion for cannabinoids not naturally produced by the plant takes effect November 12, 2026. As of September 28, 2026, the FDA had not yet published the list of cannabinoids the law directs it to issue, per the Congressional Research Service.

Check our federal cannabis law and state law pages for current rules where you live.

Delta-8 has been one of the least regulated corners of the cannabis market. A few things to keep in mind while the rules change:

• Expect delta-8 to be intoxicating. The FDA warns it has psychoactive effects similar to delta-9 THC, and most users also use cannabis.
• Edibles need extra care. Store them locked and out of reach of children; dosing edibles slowly applies here too.
• Ask for lab results. Delta-8 is typically made by converting hemp CBD, so a full-panel certificate of analysis matters.
• Licensed products are tested. In legal states, dispensary products go through state-required testing.

How many people use delta-8 THC?

In a 2023 national survey, 11.9% of U.S. adults reported using delta-8 in the past year. Among 12th graders, 11.4% reported past-year use in 2023.

Is delta-8 THC legal?

Federal law is changing. A November 2025 law narrows the definition of hemp, excludes cannabinoids synthesized outside the plant, and caps final hemp products at 0.4 mg of total THC per container. Most provisions take effect December 11, 2026. Many states already restrict or ban delta-8 on their own, so check your state's laws.

Is delta-8 THC safe?

The FDA has not evaluated or approved delta-8 THC products for safe use. It received 104 adverse event reports between December 2020 and February 2022, and poison centers recorded 2,362 exposure cases between January 2021 and February 2022, 41% involving people under 18.

Why is delta-8 use higher in some states?

Delta-8 use is more common where regular cannabis is not legally available. Among teens, use was 14.0% in states without adult-use cannabis laws vs. 8.0% in states with them, and adults in legal states had about half the odds of using delta-8.