25 Mar Delta-8 THC Product Packaging Often Incomplete, Confusing or Misleading

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MedicalResearch.com Interview with:

Meagan Robichaud, Ph.D.

Meagan Robichaud, PhD, MPH
Post-Doctoral Associate
Center for Rapid Surveillance of Tobacco
Rutgers Institute for Nicotine & Tobacco Studies

MedicalResearch.com: What is delta-8 THC?

Response: To understand delta-8 THC, it’s first important to understand the primary components of cannabis: THC (tetrahydrocannabinol) and CBD (cannabidiol). THC—typically referring to delta-9 THC—is the primary intoxicating substance in cannabis—it’s what makes consumers feel “high.” CBD is also abundant in cannabis but is non-intoxicating.

Delta-8 THC is an isomer of delta-9 THC—meaning it has the same chemical formula as delta-9 THC but with a slightly different arrangement of atoms. While early research suggest that delta-8 THC is less potent than delta-9 THC, delta-8 THC is still an intoxicating substance. Delta-8 THC naturally exists in very small amounts in cannabis plants but can be synthesized from CBD.

MedicalResearch.com: Why is delta-8 THC important?

Response: Intoxicating cannabinoids other than delta-9 THC—including delta-8 THC—have proliferated because of a loophole opened by the 2018 Farm Bill in the US, which made hemp (cannabis plants containing ≤0.3% delta-9 THC) federally legal, in contrast to marijuana (cannabis plants containing >0.3% delta-9 THC), which remains federally illegal. This was intended to promote industrial uses of hemp, but what happened was that CBD taken from hemp was synthesized into intoxicating cannabinoids and added to products like gummies or vapes in large quantities. These products are commonly marketed as “hemp-derived” or “legal” cannabis products, despite the DEA stating in 2020 that “all synthetically derived [THCs] remain schedule I controlled substances.”

While over 25 intoxicating “hemp-derived” cannabinoids have been observed on the market, delta-8 THC is the most common. Some states have tried to regulate or ban these products, and the federal government recently tried closing this loophole, but, in general, delta-8 THC products are subject to fewer regulations than the medical and recreational marijuana you see in licensed dispensaries.

MedicalResearch.com: Why study packaging?

Response:  When effectively regulated, packaging is an opportunity to communicate the known risks of a product, protect consumers from misleading health claims, and to help consumers understand how to use a product safely.

On the flip side, packaging is a key marketing channel for companies—it’s consumers’ “first impression” of a product. We know from decades of tobacco control research and emerging research in the cannabis space that this marketing can increase product appeal, including to youth and young adults. Marketing on packaging can also distract consumers from warning labels and may mislead consumers into underestimating the risks or overestimating the benefits of a product. For this reason, and because of the lack of regulations for delta-8 THC products, we chose to study product packaging for delta-8 THC products to understand how they are marketed and how key product information (e.g., product strength) is communicated.

MedicalResearch.com: What are the main findings of this study?

Response: We reviewed photos of product packages (140 products) submitted by respondents to International Cannabis Policy Study (Principal Investigator: Dr. David Hammond, University of Waterloo, Ontario, Canada). The sample consisted primarily of edible and vape products. Products from Canada were eligible for inclusion, but the sample consisted almost entirely of US products.

• Most edible packages explicitly stated milligrams of delta-8 THC per piece (82.0%) and per pack (73.8%). Almost all edibles contained 20mg or more of delta-8 THC per piece (double the delta-9 THC allowed in most jurisdictions).
• Among edibles specifying serving size, most stated that 1 piece = 1 serving; however, one product specified that 1 gummy = 2 servings, while another stated that 1 gummy = 5 servings.
• Vape packages often mentioned milligrams of delta-8 without specifying total product weight, so concentration (i.e., mg/g) of the product was generally unclear. Concentration was explicitly stated for 17% of vapes (median concentration: 95%)
• Warnings were observed on 32.9% of products, including on 11.7% of front pack surfaces and 67.4% of back/side surfaces.
• The most common marketing appeals were describing products as hemp-derived (43.6%), use of cannabis symbols, such as cannabis leaves or “420” (28.6%), references to delta-8 THC being legal (25.7%), and cartoons/drawings (21.4%).

MedicalResearch.com: What should readers take away from your report?

• Product strength is often not clearly or consistently stated for delta-8 THC products, particularly for vape products—regulators should consider requiring standardized concentration labels for all cannabis products, including delta-8 THC products.
• Products contained high amounts of intoxicating cannabinoids, and some edibles contained multiple servings per piece, raising concerns about accidental overconsumption and increased risk of adverse reactions. Regulators should consider limiting the amount of intoxicating cannabinoids per piece and requiring standardized serving size information on fronts of packages. While delta-8 THC has been found to be less potent than delta-9 THC, consumers should be cautious of products with high amounts of delta-8 THC, particularly for edible products, which can take up to 2 hours to take effect.
• Warnings for US products are generally on the back of packages and are often written in small font. Regulators can consider implementing plain packaging (i.e., prohibiting bright colors, branding, and other marketing elements), combined with large, front-of-pack warnings to reduce product appeal (particularly to young people) and increase attention to warning messages.

MedicalResearch.com: What recommendations do you have for future research as a result of this study?

• Additional research is needed to characterize the “hemp-derived” products marketplace in Canada.
• Research using representative samples of consumers who use “hemp-derived” products and cannabis sales data is needed to understand which product features, brands, and marketing practices are most common and their associations with consumer demographic characteristics and use patterns.
• Examine the impact of product claims (e.g., “hemp-derived,” “Farm Bill Compliant”) on consumer perceptions of intoxicating hemp products.

MedicalResearch.com: Is there anything else you would like to add? Any disclosures?

Response: Dr. David Hammond (a co-author on this study) has served as a paid excerpt witness on behalf of public health authorities in response to legal action from the cannabis, tobacco, and vaping industries. The authors have no additional disclosures.

Citation:

Product Characteristics, Warnings, and Marketing Appeals Conveyed on Delta-8 THC Product Packaging in the United States and Canada

Meagan O. Robichaud, Torra E. Spillane, Ryan David Kennedy, David Hammond
Mar 2026, Vol. 87, No. 2, pp. 209-221

https://www.jsad.com/author/Robichaud%2C+Meagan+O

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Last Updated on March 26, 2026 by Marie Benz MD FAAD