The use of derived psychoactive cannabis products (DPCPs) can pose serious health risks, especially for youth. Delta-9 THC is the most common form of THC naturally found in cannabis and hemp plants. In recent years, cannabis companies have begun to synthetically convert Delta-9 THC into DPCPs (e.g., Delta-8 THC, Delta-10 THC, THC-O). There are often fewer restrictions on selling DPCPs as compared to traditional cannabis products[1]. At the federal level, the 2018 U.S. Farm Bill created an unintentional loophole that allowed for the unregulated sale of DPCPs (classifying them instead as “hemp”), despite their intoxicating properties. These products are frequently marketed to youth (as there are no federal age restrictions on sales) and can be accidentally consumed by children. Because these products are relatively new, more research is needed to fully understand the risks associated with use of DPCPs. However, preliminary evidence suggests that products such as DPCPs and hash oil[2] can have negative consequences on health. As such, there are opportunities to strengthen policies to protect minors.

What are Derived Psychoactive Cannabis Products (DPCPs)?

DPCPs are synthetically created cannabis products with psychoactive effects. These products are distinct from Delta-9 THC, which is the most abundant form of naturally found THC in cannabis plants, known for its psychoactive effects and potential medical benefits. DPCPs have exploded in popularity since the 2018 Farm Bill defined hemp as a plant with less than 0.3% Delta-9 THC by weight. As a result, these products can often be purchased and sold in places where recreational use of cannabis is prohibited.

Delta-8 THC[3] is the most common DPCP sold, with users of Delta-8 THC in one study reporting the same experiential benefits of Delta-9 THC, with fewer adverse side effects. However, these were self reports and research is otherwise limited as these are new products warranting further study. Delta-8 is made by synthetically converting Delta-9 THC or cannabidiol (CBD), which can involve using potentially harmful chemicals to create the high THC concentrations found in the marketplace [4].

Additionally, Delta-8 is typically administered through edibles and vaping concentrates. Vaping cannabis products with acetates, which can be left over from synthesizing Delta-8 THC, can result in forming highly reactive poisonous gases that may contribute to e-cigarette or vaping product use-associated lung injury (EVALI) and other respiratory, cardiac and immunological effects.

Youth & DPCPs – Risks and Statistics

• Federally, there is no age restriction on the purchase or possession of Delta-8 THC products. There are also no regulations on how Delta-8 THC is synthesized, which can result in products being contaminated or having inconsistent effects.
• In 2023, 1 in 9 high school seniors reported using Delta-8 in the past year. These products can be bought online and are usually less expensive than traditional Delta-9 THC products. They are also often marketed in ways that appeal to youth (e.g., flavors like “Snickers” and “Cookies ‘n’ Cream”).
• From January 2021 to December 2022, there were 5,022 cases reported to U.S. poison control centers involving Delta-8, Delta-10, or THC-O as the primary substance. More than 98% of cases involved Delta-8 THC and more than 30% of cases involved children younger than 6 years old. More than 94% of cases were due to ingestion of cannabis products.
• There is robust evidence to support the negative consequences of THC use during adolescence, including impairments to brain development and cognitive functioning.

Risks of Hash Oil use & Distinctions from DPCPs

• DPCPs, such as Delta-8 THC, do not typically have as high THC content, or as high of a health risk, compared to hash oil, which can have a potency of up to 90% THC. Hash oil is most often consumed through dabbing; however, it can also be eaten or vaporized.
• Producing hash oil can be highly profitable, which has led to an increase in illegal production. It is produced by extracting Delta-9 THC and using butane as a solvent, creating a highly combustible liquid that can explode when introduced to an ignition source.
• The production process for hash oil can be dangerous – since 2013, treatment costs for marijuana extraction burn victims have totaled approximately $15 million.
• Hash oil can contain contaminants from the production process. It remains unclear what health effects result from exposing human lungs to these contaminants.
• The most well-documented negative effect due to contamination of cannabis products is EVALI, an acute lung injury caused by adding Vitamin E acetate to vaping products.
• Approximately 44% of individuals who used cannabis in the past year also used hash oil in that time.
• More frequent use of hash oil relates to greater physical dependence, poorer self-care, and more problems in work/school due to cannabis.
• Individuals who use high-potency THC products (defined as > 20% THC), including hash oil, have a higher risk of developing psychotic disorders like schizophrenia and an earlier onset of symptoms compared to those who do not use cannabis products.

Policy Considerations

As part of a comprehensive policy for state regulation of the cannabis industry, policymakers can consider the following strategies to minimize risks associated with the use of derived psychoactive cannabis products.

Option 1 Improve regulation of derived psychoactive cannabis products

• Adopt a legal and regulatory framework that prioritizes protecting youth. Apply a standard set of youth protection provisions to DPCPs
• Prohibit the sale of products that are packaged or labeled in a way that appeals to youth, such as mimicking the packing or labeling of products sold by candy or commercial food companies
• Require the use of child-resistant packaging
• Prohibit advertisements that appeal to minors and restrict advertising in general
• Create age restrictions on the purchase and possession of these products
• Prohibit naming, labeling and advertising in ways that imply the products have health benefits
• Restrict where these products can be sold (e.g., prohibit their sale in convenience stores or other places where they are easily accessible)
• Create regulations on how these products are synthesized

Option 2 Educate the public about the potential toxicity of these products

• Require these products to include warning labels on their packages, indicating that these products contain THC, should be kept out of sight and out of reach of youth, and have risks associated with their use

Option 3 Limit the THC content allowed in cannabis products to reduce risks associated with high-potency cannabis products, such as hash oil

Option 4 Ban the sale of intoxicating cannabis products

• Because companies have avoided such regulations by creating new products, bans may be more effective at reducing the sales of intoxicating cannabis products

Notes

[1] Regulations can vary by state even when the sale would be permissible under federal law.

[2] Delta-9 THC can be extracted to create hash oil, or highly concentrated marijuana products, with up to 90% THC content.

[3] Other DPCPs include delta-10 THC, hexahyrocannabinol (HHC), tetrahydrocannabinol-O-acetate (THC-O), tetrahydrocannabiphorol (THCP), and tetrahydrocannabivarin (THCV), as well as combinations of these products.

[4] Delta-8 occurs naturally in small quantities but the Delta-8 that is commercially available is made synthetically.