2023 Issues

Delta-8

Youth Mental Health

Delta-8 THC is a psychoactive compound that is similar to delta-9 THC. Delta-9 THC is a compound in the cannabis plant that produces a “high.” Delta-8 is largely synthetically made by converting cannabidiol (CBD) or delta-9 THC into delta-8 THC.

What we know about Delta 8:

  • Delta 8 has similar intoxicating effects similar to Delta 9 (THC).

  • In Tennessee, no law enforcement agency is checking Delta 8 products to see if they contain higher levels of Delta 8 and Delta 9 than allowed by law.

  • The FDA does not regulate or evaluate the products.

  • National poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021 (i.e., the date that Delta-8 THC product code was added to a database), and February 28, 2022. 41% involved pediatric patients less than 18 years of age.

  • Youth have wide access to Delta-8 products at convenience stores, gas stations, and Delta-8 specific stores.

  • Delta-8 is in drinks that look like energy drinks, edibles that look like and are marketed as familiar candy and cookie brands, and in smokeable products like electronic cigarettes, cigars, wax pipes, and other types of pipes.

  • Youth are accessing Delta 8 because it often comes in gummies, cookies, or brownies which is extremely appealing to children. Serving sizes on the package do not consider children and they often overdose because it is easy to ingest multiple servings.

What we would like to know about Delta 8 is:

  • What is actually in Delta-8 including the bi-products and chemicals used to change colors.

  • Is synthetic Delta 8, synthesized from CBD or Delta 9 Cannabis legal in TN?

  • What are the potency levels of Delta-8 products? Retailers suggest usage guidelines depending on whether you are a new, infrequent, or frequent user on packaging. Is this adequate to prevent overdose?

  • How much of a dosage puts youth at risk for

    • Overdose

    • Harm youth brain development?

It is important to limit youth access to Delta 8 products. Some recommendations on how to limit access are:

  • Clarify Age limits for purchasing with penalties for selling to minors.

  • Advertising limits:

    • Restrict advertising to youth

    • Restrict claims made that promise health benefits that have no scientific or research behind the claims.

  • Compliance checks by law enforcement agencies to make sure retailers are selling only products that are legal in Tennessee and not high containing Delta 8 and Delta 9 THC products that are not legal in Tennessee.

As the delta-8 THC market inevitably grows, Tennessee should create a safe, well-regulated market to protect our youth. By studying its health impacts, tracking products from seed to sale, and taking the proper regulatory precautions, policymakers can ensure consumers remain safe, which should always be the primary goal.

Status of Tennessee’s Youth Mental Health

  • Tennessee ranks 40th in youth mental health in 2022.

  • Tennessee ranks 45th in youth access to mental health care.

  • In 2019, 15.5% of Tennessee high school students made a plan within the last year about how they would attempt suicide.


The impact of COVID on the behavioral and mental health of both our youth and adult populations in Tennessee has been undeniable. According to the State of Child 2021 report from the Tennessee Commission on Children and Youth, the mental health of Tennessee’s high schoolers and young adults has declined over the last decade. At the beginning of the 2021 school year, 58% of Tennessee’s young adults reported feeling anxious or on edge for more than half of the days in the last two weeks. This was the highest reported rate in the country. During that same time, one in three young adults reported feeling down, depressed or hopeless. Although the pandemic has impacted mental health across the country, the decline in Tennessee teen mental health pre-dates COVID-19 and we assume the need will not be declining.


One school system in Sullivan County cited that during the past year of 21-22 they utilized their mental health professionals to meet the needs of the students in crisis. They had:

  • 52 mobile crisis referrals

  • 156 suicidal ideations/threats

  • 278 DCS referrals

  • 205 Self-harm incidents

  • 59 Reports of thoughts of hurting others or animals

  • 296 students referred for outpatient services

As you can see the need is great. This was just one of the three school systems in Sullivan County. Not all students have the same access to mental health care. Some systems have more mental health professionals in the schools and some have none at this time.


Your constituents need you to support mental health services and increase access for the families of Tennessee by:

  • Increasing access to school-based behavioral health providers.

  • Create access so that no matter where you go to school you have the same access to a mental health provider.


These simple steps will help to bridge the gap in the need for Tennessee and the shortfall in the Mental health workforce.

sen.jon.lundberg@capitol.tn.gov

rep.bud.hulsey@capitol.tn.gov