21oz has been known to stretch more than 1” when it has to. If the thighs already feel tight, I say go for it. Worst that happens they will be the most comfy pair of Baggy pants you’ve ever had!
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One possible good thing is that you won't have to worry about shrinkage,and can wash and dry any way you want,as they'll stretch back out again.
Thanks for all your responses really appreciate it! I'll go to Self Edge store to see if they 36 for comparison, if not I'll just hem and keep the 38.