Intoxicating Cannabis Products in Vape Shops: United States, 2023.

Abstract

Introduction: Since 2020, many types of intoxicating cannabis products have entered the U.S. market. Hemp-derived intoxicating cannabis products, including hexahydrocannabinol and delta-8 tetrahydrocannabinol, 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. This study provides insights into the retail landscape of intoxicating cannabis products sold across the U.S.

Methods: In November-December 2023, researchers systematically identified, called, and completed brief surveys with 520 U.S. vape shops: (n=10 per state, n=10 in District of Columbia, n=10 in Puerto Rico). The survey assessed the availability of 6 commonly sold intoxicating cannabis products. Data were analyzed by regulatory context. Analyses were conducted in 2024.

Results: A total of 74% of vape shops sold any intoxicating cannabis products. Intoxicating cannabis products were sold in 43% of shops in states with delta-8 tetrahydrocannabinol 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. Intoxicating cannabis products were sold in vape shops in each state except Washington and Alaska, both of which banned hemp-derived intoxicating cannabis products and had active retail of legalized nonmedical cannabis.

Conclusions: Taking licensed dispensaries into consideration, intoxicating cannabis products can be purchased in retail stores located in all 50 states; Washington, District of Columbia; and Puerto Rico. Intoxicating cannabis products 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 intoxicating cannabis products.