Is Delta 10 Legal in Texas? (Updated for 2024)

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**Disclaimer: The information in this article regarding Delta-10 THC is drawn from comprehensive research. We have made every effort to share the most accurate information available at the time of writing. Remember, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting, and we do not accept liability for this information. This content is for educational purposes only.

Delta-10 THC is a minor cannabinoid found in marijuana and hemp plants. It’s naturally occurring, but at low levels. Unlike the more-plentiful CBD, THC and CBG, Delta 10 is a novel cannabinoid, so its benefits and side effects remain somewhat of a mystery.

Anecdotal evidence suggests it may provide anxiety relief but could also induce euphoria, especially at high doses. Delta-10 THC products come in various forms, including topicals, tinctures, edibles, and formulations for smoking or vaping.

Now, beware that regular Delta-9 THC from cannabis is certainly not legal, but what about hemp-derived THC? Is this legal? The simple answer is that Delta-10 THC is federally legal in the US. And as long as it meets certain criteria, it should also be legal in the Lone Star State.

Key Takeaways

  • Delta-10 THC is a cannabinoid similar to Delta-9 THC but with milder psychoactive effects.
  • The legality of Delta 10 in Texas law is a function of federal and state regulation. At the time of writing, Delta 10 is not named as a controlled substance in Texas.
  • Texas state law seems to permit the sale and distribution of Delta 10.
  • Delta 10 has no explicit possession limits. The legal status of delta 10 is similarly undefined.
  • Consumers can legally purchase Delta 10 products online from reputable sources like Botany Farms.

Delta 10 and the Federal Law

Delta-10 THC is a cannabinoid found in cannabis plants, similar to the more well-known Delta-9 THC but with less potent psychoactive effects. Federally, the 2018 Farm Bill legalized hemp-derived cannabinoids, extracts, and derivatives with a Delta 9 THC concentration of not more than 0.3% on a dry weight basis.

But since the bill does not explicitly mention Delta 10, it’s unclear whether it’s federally legal. Moreover, the Drug Enforcement Administration (DEA) hasn’t explicitly listed Delta 10 as a controlled substance as long as it’s extracted from legal hemp material.

Texas Delta 10 Laws

Texas House Bill 1325 was passed into law during the 2020 session. It recognizes hemp-derived cannabinoids, including Delta 8 and Delta 10, as long as they contain less than 0.3% Delta-9 THC.

Texas even tried regulating the Delta-10 THC of hemp products to 0.3 per cent, just like Delta-9 THC – but this drive to limit Delta 10 has so far fizzled. No concentration limits exist on Delta-10 THC in hemp products right now.

Is Delta 10 a Controlled Substance in Texas?

And as long as the hemp that Delta 10 comes from has less than 0.3 per cent of Delta-9 THC in it, it is a legal product under the federal farm bill and is not a controlled substance (if over 0.3 per cent, Delta-10 will be considered a controlled substance and listed as Schedule 1 of the Controlled Substances Act).

Delta 10 Possession Limits in Texas

There are no possession limits for Delta 10 from hemp in Texas. However, there are possession limits and penalties for non-hemp derived Delta 10 or any concentration of Delta-9 THC greater than 0.3 per cent by dry weight.

Once again though, it’s important to make sure the Delta-10 THC product is legal and not crappy before using it: Do any of these factors sound like something you’d risk a THC trip for?

  • Third-party testing: While third-party testing of products isn’t federally mandated, the best companies will have a link on their site with results from third-party labs, which verify that products are free of mildew, mold and pesticides and contain the amount of Delta 10 specified on the label.
  • Double-check THC content: Make sure that the total Delta 10 product contains no more than the legal limit. If made from hemp, it must behave like Delta-8, and contain no more than 0.3% Delta-9 THC.
  • Independent Verification: this means third-party testing and full transparency for the consumer, who would otherwise have no way to know whether what’s being consumed is actually an illegal or potentially harmful product. Look for lab results and legal disclosures.

After all, knowledge is power, and knowledge of what to look for can lead to smarter, safer consumption. Please don’t smoke recreational weed in Texas – recreational weed is still illegal in the Lone Star State. But if you suffer from qualifying conditions, then you can purchase medical marijuana with the recommendation of a certified medical professional.

Texas has no problem with hemp-derived products. It allows Delta-10 because the 2018 Agricultural Improvement Act (the often-cited 2018 Farm Bill) enacted nationwide legislation permitting hemp-derived products anywhere in the US. Thus, providing derivatives of hemp plants is legal, and Delta-10 products count as such derivatives.

Texas also made this clear by passing HB 1325, which permits anyone in the state of Texas to ‘sell or have possession of hemp products with up to 0.3% Delta-9 THC’. That 0.3% mark should remain the maximum amount of Delta-9 THC found in your Delta-10 THC product if it is legally sourced from hemp. Why?

Because it comes back to these important details: as long as recreational cannabis remains illegal in Texas, Texas law prohibits anybody in Texas from using, possessing, or selling Delta-10 THC derived from marijuana. So long summary! Here’s the bottom line: if you in Texas, you are good to go! Try some hemp-derived Delta-10 THC products! And keep away from their marijuana-derived counterparts.

The legal status of Delta-10 THC in Texas is legally complex because there is no explicit legislation that mentions the cannabinoid. The current status indicates that hemp-derived Delta 10 with THC-Δ9 levels under 0.3% limits are legally allowed. 

Stakeholders should keep a close eye on developments in the law in order to remain compliant – it seems appropriate to mention here as well that the high you get off of Delta-10 THC is probably not as intense as Delta 9’s, but it’s surely still present. And of course, if you want to know which one between Delta 10 and Delta 8 is stronger, check this out!

While Delta 10 is still somewhat a grey area legally in Texas, the compound is legal if made from hemp with less than 0.3 per cent Delta-9 THC under current court interpretations of the law. Either way, as the cannabis industry grows and legal structures develop, it helps to follow the news and tread with caution. Stay informed!

Where to Buy Delta 10 Online

If you’re interested in trying out Delta 10, there are a few reliable online merchants to buy from. An example is Botany Farms, a premium producer of Delta 10 goods derived from legally compliant, locally sourced hemp extract. Finding the right product for you is easy, as they provide consumers with an extensive array of flavors and strengths. Some of the best Delta 10 products we provide are:

  • Delta-10 THC Gummies: THC has become the latest rage among cannabis brands. Buying it is incredibly easy; taking it discreetly, as a gummy, is even easier. If you want convenience and fun in Delta 10, try these mouth-watering Delta-10 Mango THC and Delta-10 Pineapple Gummies.
  • Delta-10 THC Vape Cartridges: A good way to experience the effects of Delta 10 quickly for those looking for fast onset. The Delta-10 THC Pineapple Haze Cartridge might be what you’re looking for.
  • Delta-10 THC Flower: You can also enjoy Delta 10 in a more traditional consumption method, with hemp flower.

As the Delta 10 craze is upon us, be sure to purchase your products from vendors such as Botany Farms, who provide clear product information, including lab results proving the percentage of THC and contaminants (if any). You can have your hemp-derived product – and eat it too – not to mention smoke or vape! Just make sure it is legal, safe, and handled by people with your best interests at heart.


  • https://www.usda.gov/farmbill
  • https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB01325I.pdf
  • https://www.dea.gov/drug-information/csa#:~:text=The%20Controlled%20Substances%20Act%20(CSA,and%20safety%20or%20dependence%20liability.
  • https://pubmed.ncbi.nlm.nih.gov/36971760/

This article was last updated in April 2024, and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, to avoid doubt, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws in your state. 

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