Expert: A CBD product ban is unnecessary if regulation is in place on all intoxicating cannabis products

BUFFALO, N.Y. – Millions of Americans who use the cannabis-derived compound CBD to manage arthritis, anxiety, insomnia or simply to relax may soon face an unexpected disruption. By November, a wide range of CBD products – including creams, tinctures, gummies and beverages – are scheduled to disappear from store shelves nationwide under a provision tucked into the legislation that ended last fall’s U.S. government shutdown.

The move marks the latest twist in a years-long struggle among policymakers to determine how to regulate the booming market of hemp-derived CBD products. These items are widely available at gas stations, convenience stores, smoke shops, specialty pet boutiques, spas and through online retailers.

Daniel Kruger, PhD, research associate professor in UB’s School of Public Health and Health Professions, said that policymakers may have been influenced by a 2025 white paper from an industry group that is backed by companies making products with delta-9 THC.

In the paper, which reports on the dangers of delta-8 THC cannabis products, researchers tested synthetic cannabinoids they bought online, from gas stations and smoke shops. They found contaminants including mold, solvents used in the production process and heavy metals. The message from the white paper was these products are dangerous for consumers, suggesting that a ban is necessary.

Because cannabis is a relatively new commercial product, policymakers may have a limited understanding of it, Kruger said, and they do not want to be responsible for another drug crisis.  

“A better approach would be to regulate these products, mandate their testing, and have a certificate of analysis accessed through a QR code, etc. Regulate similar substances similarly,” said Kruger.

“We should really be moving towards drug policies based on systematic science,” said Kruger. “Given the existing evidence, delta-8 THC is not any more dangerous than delta-9 THC, most of the risks can be addressed with proper regulation. As for CBD products, CBD itself will still be legal, but CBD products that have more than 0.4 milligrams of THC per container will be banned. This would reduce the range of products available outside of dispensaries.”

Kruger understands why the public would want to close the loophole; they might remember  problems with “K2” or “spice” from the past two decades. People were buying these synthetic cannabinoids to get high in part because they could not obtain cannabis.

“Our research showed that delta-8 THC tended to be most popular in areas where people did not have legal (at the state level) access to delta-9 THC,” said Kruger. “However, it would make more sense to regulate all intoxicating cannabis products in the same way. Why treat delta-8 THC differently from delta-9 THC?

Industry analysts estimate that sales of CBD wellness and recreational products could reach between $8.5 billion and $13 billion in 2026.

“There will be an economic impact,” said Kruger. “The U.S. Hemp Roundtable says that 300,000 jobs will be eliminated. To add to the confusion, delta-9 THC is still federally illegal. The federal government, across several recent administrations, just hasn’t enforced this if businesses were following the state laws.”

Kruger described the ban as very similar to beverage can recycling.  “There is a five-cent deposit on some aluminum beverage cans, but not on others,” said Kruger. “The regulations are based on what is in the can, not what the can is made of, which doesn’t really make sense.”