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Safety Tips For Navigating The Illicit Cannabis Market

February 27, 2026 01:37 pm ET Estimated Read Time: 6 Minutes

Fact checked by Kymberly Drapcho

Safety Tips For Navigating The Illicit Cannabis Market

In a safe and perfect world, everyone who needs cannabis could go to a dispensary and buy safety-tested products from licensed producers. Unfortunately, we are far from living in a perfect world.

Despite most states recognizing that cannabis has therapeutic potential, it’s not an easily obtainable substance for many. Many people in states without legal cannabis markets rely on hemp-derived cannabis products for medicine. These products are currently legal under the 2018 Farm Bill, which designates any hemp product with less than 0.3% tetrahydrocannabinol (THC) as an agricultural product, and thus makes it legal to sell across the country. While products with less than 0.3% THC are not intoxicating, the farm bill created a legal loophole for intoxicating products to exist. Many companies now make products with tetrahydrocannabinol acid (THCA), the non-intoxicating acid precursor to THC. When heated, THCA becomes THC. But on paper, it’s a non-intoxicating product and federally legal.

But Trump signed off on a spending bill last year that included language to ban hemp-derived THC products almost entirely. This means many users who rely on these products for their wellbeing will be left to find products elsewhere–like the illicit market.

If you find yourself in a situation where you need to purchase illicit cannabis products, there are some ways you can mitigate the risks. Here’s what you should know.

Buying Safely From the Gray Market

As I mentioned above, there are lots of cannabis products on the market right now that exist in the gray market. Hemp-derived THCa products, for example, are federally legal because they contain less than 0.3% THC–but their high THCa content converts to THC when heated, making them function like regular cannabis.

And then there are other hemp-derived cannabis products, like delta-8 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, hexahydrocannabinol (HHC), tetrahydrocannabinol-O acetate (THCO), and tetrahydrocannabiphorol (THCP). While many of these cannabinoids are technically present in the cannabis plant, they’re only seen in small quantities. To make them worth selling, producers synthesize these cannabinoids from CBD and other sources. The resulting effects vary widely, with many of these synthetic options being much more potent than typical THC.

While most of these products are likely to go away when the hemp ban takes effect, they are still widely available right now. Just because they’re seemingly everywhere doesn’t mean they are safe. Unlike products in regulated state markets, these items don’t face any regulatory guidance and there is no guarantee that what is written on the label matches the contents.

But for many people, these are the only options available. If you find yourself needing to buy hemp-derived cannabis products, here are some safety tips.

Safety Tips For Buying Hemp-Derived Cannabis Products

Look for brands that exist in both the legal THC and hemp markets. Brands that adhere to strict regulations in legal state markets understand the importance of producing safe, pure products.
Only buy from brands that offer transparent lab results. Look for certificates of analysis that come from third-party labs, and if you can’t easily find the lab results, move on to a different brand that doesn’t make them difficult to find.
Read reviews. Give less weight to reviews posted on the brand website (as those might be paid reviews). Read through negative reviews to see what problems other consumers have experienced.
Avoid difficult-to-research products. If you can’t find a brand online or read any reviews, you’re probably struggling for a reason. Reputable brands want to be found and are transparent about their processes

Buying Safely From the Illicit Market

If the hemp ban goes into effect and takes away most of the hemp-derived THC market, many people will need to turn to the legacy market to get the medicine they need. While it comes with its own set of legal and safety risks, it’s an unfortunate reality. After all, the current cannabis landscape was shaped by people using the once-illegal plant for medical purposes.

If you find yourself buying cannabis from the illicit market, here are some tips to do so safely.

Tips For Buying From The Illicit Cannabis Market:

Know the laws and assess the risks/benefits. Cannabis laws vary vastly from state to state. Know the laws where you reside so you can assess the risks and benefits of purchasing. Know how much cannabis qualifies as a misdemeanor or felony and purchase in safe quantities
Purchase from someone with a trustworthy reputation. This tip may get tricky in the illicit market. But if you can find someone who is generally trusted among other consumers, you may be better off than getting weed from an anonymous source
Opt for whole plant options vs. vapes and other formulated products that may contain additional toxins or contaminants. If buying flower from a legacy dealer who grows at home, ask questions about what fertilizers they use and where their plants are grown. Vapes and other formulated products are harder to process at home on a large scale; if you’re going to purchase them, ask questions about how they’re made.
Learn to visually identify mold and other impurities. Use our guide to understanding moldy cannabis to learn what to look for when purchasing cannabis flower.
Collaborate with trusted people in similar situations. For example, one mother of an epileptic child in a non-legal state found most of her initial support online in Facebook groups. Just know that your messages and data are not necessarily private or safe, and can be accessed by law enforcement in some cases

While we obviously don’t advocate for purchasing cannabis from the illicit market, we recognise that it is an unfortunate reality and result of cannabis prohibition. Moreover, this article should not serve as legal advice but rather as suggestions for those who may find themselves in a situation where they need to access their medicine but can’t do so in their state.

Final Thoughts

While we don’t recommend purchasing from unregulated markets, sometimes it is the reality for patients who need their medicine. The hemp-derived THC market has made it easier for some to access their medicine in a legal way. Despite hemp-derived products being unregulated, many still provide access to lab reports with full transparency.

As we gear up for the hemp ban to take place, we know that a lot of people will lose access to these products and need to find their medicine elsewhere. If this is your situation, we hope you will follow best practices and do so as safely as possible, while recognizing that there will always be legal and safety risks associated with purchasing cannabis from the illicit market.

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Posted by Macey Wolfer

Macey is a freelance writer from Seattle. She's covered the cannabis industry extensively, emphasizing the economic opportunities for Indigenous entrepreneurs. Her writing focuses on the people, stories, and labors of love behind every venture.