Abstract

IntroductionSince 2020, many types of intoxicating cannabis products (ICPs) have entered the US market. Hemp-derived ICPs including hexahydrocannabinol (HHC) and delta-8 tetrahydrocannabinol (THC) pose concerns regarding their youth-oriented marketing, potency, and health effects. Some states have attempted to ban, restrict, or regulate their sale. However, the effectiveness of these laws and their enforcement is unclear. The current study provides insights into the retail landscape of ICPs sold across the US. MethodsIn November-December 2023, researchers systematically identified, called, and completed brief surveys with 520 US vape shops: (n=10 per state, n=10 in D.C., n=10 in Puerto Rico). The survey assessed the availability of 6 commonly-sold ICPs. Data were analyzed by regulatory context. Analyses were conducted in 2024. Results74% of vape shops sold any ICPs. ICPs were sold in 43% of shops in states with delta-8 THC bans, 53% in states with substantial regulations (intended to support safe use), 90% in states with significant restrictions (intended to limit potency/availability), and 92% in states with limited/no regulations. ICPs were sold in vape shops in each state except Washington and Alaska, both of which banned hemp-derived ICPs and had active retail of legalized non-medical cannabis. ConclusionsTaking licensed dispensaries into consideration, ICPs can be purchased in retail stores located in all 50 states, Washington DC, and Puerto Rico. ICPs are widely available in vape shops, even in most states with relevant bans/restrictions. Enhanced laws, surveillance, and enforcement are needed. The 2024 Farm Bill and state laws should explicitly prohibit hemp-derived ICPs.

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