Banned cannabis products still widely available in US smoke shops

A comprehensive survey of 11 U.S. cities found that derived intoxicating cannabis products (DICPs) like delta-8 THC are widely available in retail smoke shops, even in states where they are explicitly illegal. Researchers called over 1,000 retailers and discovered that 51.4% reported selling DICPs, with dramatically different availability depending on local laws—only 39.6% of retailers in states that banned DICPs sold them, compared to 80% in states without explicit prohibitions. This indicates that despite federal illegality and state-level bans, these products continue to proliferate in the retail market, suggesting current enforcement efforts are insufficient.

The study also examined availability of hallucinogenic mushrooms, finding that 59.7% of retailers sold mushrooms, with sales rates similar across jurisdictions regardless of whether psilocybin was decriminalized (56.6%) or illegal (57.9%). Alarmingly, over one-third of retailers couldn't identify the mushroom types they were selling, with 54.1% specifically mentioning Amanita mushrooms (which contain toxic compounds and have different legal status than psilocybin). Geographic variation was striking—from nearly 0% availability in New York City to 93.8% in Jacksonville, Florida for DICPs—suggesting that enforcement and retail compliance vary significantly by location.

The findings highlight a critical gap between policy and practice: despite legal prohibitions, intoxicating cannabis derivatives and hallucinogenic products remain readily accessible through mainstream retail channels. The researchers emphasize that greater surveillance, retailer education, and enforcement efforts are urgently needed to address this disconnect and protect consumers from unregulated products of uncertain safety and potency.