Is Delta-8 Legal in Texas? (Updated for 2024)

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

The massive popularity Delta-8 products have enjoyed across the country is evident to all. As long as hemp (and all products made from hemp) are legal at the federal level, all things cannabis cannot help but gain popularity.

The thing is, even though these goods are legal federally, some states have taken a different stance on some hemp-derived cannabinoids. Welcome to the Lone Star State, where users’ confusion regarding the legality of Delta-8 and select other hemp-derived cannabinoids is big in Dallas, and if you’re getting ready to hook yourself up with some Delta-8 products in Texas, it’d be wise to learn exactly what the relevant laws of state say about this novel cannabinoid. Or be ready for some good ol’ Texan ropin’.

Read on, and I’ll tell you everything you need to know about Delta-8 legal status in the great old state of Texas.

Key Takeaways

  • Hemp and the Delta-8 derived from it remain legal in Texas to this day, according to House Bill 1325, signed by Governor Greg Abbott in 2019.
  • In 2021, the Texas Department of State Health Services, or DSHS, attempted to classify Delta-8 as an illegal substance.
  • Other than the 0.3% Delta-9 THC content limit set by federal law, no other fully-enforced official regulations establish quantity limits for possession of Delta-8 in Texas.
  • The legal situation of this THC isomer is a bit murky, and its status could change at any moment.

Delta-8 and the Federal Law

Federal regulation are clear on the subject, any form of plant or derivative that has more than 0.3% of natural Delta-9 THC is illegal. It is also well known that, under federal law, any form of hemp with 0.3% Delta-9 THC or less of Delta-9, including the plant itself, its extracts and derivatives, are legal under the 2018 Farm Bill, as are all parts of the plant.

This is because Delta-8 is a cannabinoid derived from hemp, making it legal under this federal law. Likewise, any product containing Delta-8 is also legal under the same law, provided that it has a Delta-9 THC content of no more than 0.3% based on dry weight, as laid out in the 2018 Farm Bill that Trump signed into law.

Texas's Delta-8 Laws

Although federal law permits the sale of Delta-8 across the country, there may be certain laws at the state that preclude the sale of certain cannabinoid isomers or products (even if the cannabinoids come from federally permitted hemp).

Fortunately, hemp, and Delta-8 from hemp, remained legal in Texas as of today’s date (per House Bill 1325 signed into law by the current governor, Greg Abbott, in 2019 ) and CBD products and other hemp-derived cannabinoids have been legally sold in Texas and all throughout the state ever since. Unfortunately, though, it’s still unclear if the future of Delta-8’s legality in Texas will be an illegal drug – with the Texas Department of State Health Services (DSHS) attempting to make such a classification in 2021.

Ultimately, the DSHS measure couldn’t go into effect, though, as a district judge ruled in December 2021 that DSHS hadn’t followed the ‘rule-making requirements’ of Texas when it tried to classify Delta-8 as an illegal drug.

That means that the state cannot put such an order into effect, basically. There’s also still a lawsuit going on against Texas DSHS to determine whether the agency can actually ban Delta-8, and the injunction will remain in place until the aforementioned case is settled.

Is Delta-8 a Controlled Substance in Texas?

The short answer is no; Delta-8 is not yet a controlled substance in Texas. Nonetheless, this is where the situation can get a bit tricky for some users to understand, so let's unwrap this as it goes.

DSHS's attempt to ban Delta-8 in the state intended to make it a controlled substance, making anyone possessing or selling it a criminal. But, since this law has yet to enter into force and there is no official decision in the case, the state remains aligned with what federal laws dictate.

A federal appeals court ruled in 2022 that the Controlled Substances Act or CSA does not control Delta-8 since it only explicitly speaks of natural Delta-9 THC and because the federal statute defines any part of the plant as hemp of cannabis, including all derivatives, extracts, and cannabinoids that contain less than 0.3% Delta-9 THC on a dry weight basis.

Therefore, Delta-8 remains legal and unregulated at the federal level and within Texas. But, it is important to keep in mind that the legal situation of Delta-8 in Texas could change at any time, so it is best to constantly check for changes in the laws that regulate this new and controversial cannabinoid in the state.

Even though the law has yet to be fully passed, the Department of State Health Services appears to consider Delta-8 as a Schedule 1 substance. Therefore, it is best to be discreet when using or possessing Delta-8 products and avoid taking them with you on the street to avoid any confusion or embarrassment with Texas law enforcement.

Delta-8 Possession Limits in Texas

Until there is a clear decision on DSHS's proposal to make Delta-8 a controlled substance, the only defined possession limit for Delta-8 is that it must contain less than 0.3% Delta-9 THC by dry weight. But, any Delta-8 product over 0.3% could make you face drug possession charges under current Texas cannabis laws.

Other than the 0.3% Delta-9 THC content limit set by federal law, no other fully-enforced official regulations establish quantity limits for possession of Delta-8 in Texas.

Simply put, yes. Delta-8 is still legal in Texas, according to current laws. But the legal situation of this THC isomer is a bit murky, and its status could change at any moment. So it's best to be cautious and discreet regarding Delta-8 products within Texas.

Delta-8 is the single most ubiquitous psychoactive cannabinoid to emerge from hemp today because Delta-8 is a federally legal means to obtain effects very similar to those of Delta-9, cannabis’ active ingredient, but at a tenth of the potency so you can keep the high under control. Delta-8 is legal federally since it originates from hemp and the federal or state laws in Texas that regulate cannabis do not mention Delta-8.

Nevertheless, the Lone Star State has been in a legal grey area of Delta-8 since, via the state’s major health agency, there is an attempt to get Delta-8 listed as a controlled substance, consequently making it criminal for any person to own, buy or sell it.

But the DSHS proposal has yet to be approved by competent authorities, that would ban Delta-8 in Texas. For the time being, Delta-8 remains legal in the Lone Star State until there is an official decree coming from the local authorities on a Delta-8 issue that is pending via various open legal proceedings.

Where to Buy Delta-8 Online

The most convenient way to get good quality Delta-8 products is online, even in the most permissive cannabis states. By sourcing your Delta-8 products directly from trusted brands and preferably from reputable manufacturers, you ensure that you are getting a quality-tested product that has gone through the necessary tests to determine its cannabinoid and terpene content and that it is free of contaminants.

If you want premium Delta-8 products, look no further! At Botany Farms, we have a vast catalog of Delta-8 products to meet all the tastes and needs of our users.

For lovers of smokable cannabis products, we have the most delicious and select Delta-8-infused hemp strains on the market, like our all-time classic Delta-8-infused Blueberry Kush. If you are looking for a slightly more discreet option but just as delicious and therapeutic, you can opt for one of our flavorful Delta-8 vape cartridges.

And if smoking isn't your thing, but you're looking for a way to enjoy the benefits of Delta-8, our Delta-8 gummies might be the ideal option for you. Our products are just one click away from you! As soon as you press the order button, our dedicated team will put their hands to work so you can get your products in less than a rooster crow!

Sources used for this article:

https://www.farmers.gov/working-with-us/farm-bill
https://www.dshs.texas.gov/
https://ehs.usc.edu/research/cspc/chemicals/
https://www.findlaw.com/state/texas-law/texas-marijuana-laws.html

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, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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