The enormous popularity that Delta-8 products have achieved throughout the country is undeniable. Since hemp and its derived products are legal at the federal level, the demand for all kinds of cannabis products has been increasing. The thing is, even though these products are federally legal, some states have taken a different position on certain hemp-derived cannabinoids.
Moving to the Lone Star State, the confusion among users regarding the legal status of some hemp-derived cannabinoids such as Delta-8 is undoubtedly bigger'n Dallas, and if you're fixin' to get any Delta-8 products in Texas, it's best to be clear about what the current laws say regarding this novel cannabinoid. So, don't get caught on your first rodeo!
Read on, and you'll find out everything you need to know about the legality of Delta-8 in the great 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 regulations regarding cannabis are clear and classify as illegal any plant or product that contains more than 0.3% of natural Delta-9 THC. According to federal law, hemp containing 0.3% Delta-9 THC or less, all parts of the plant, all types of extracts, and derivatives, are allowed under the 2018 Farm Bill.
Therefore, since Delta-8 is a hemp-derived cannabinoid, it is legal under federal law. Likewise, any product that contains Delta-8 is also legal under this same law as long as its Delta-9 THC content does not exceed the 0.3% limit established in the 2018 Farm Bill signed by President Trump.
Texas's Delta-8 Laws
Although federal law allows Delta-8 across the country, local laws in each state may vary slightly for some specific cannabinoid isomers or products, even if they come from federally permitted hemp.
Fortunately, 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. Since then, CBD products and other hemp-derived cannabinoids have been sold in Texas and are extremely popular throughout the state.
Nonetheless, the fate of the legality of Delta-8 in Texas is uncertain as, in 2021, the Texas Department of State Health Services, or DSHS, attempted to classify Delta-8 as an illegal substance. But, the measure couldn't take effect thanks to a district judge who ruled that DSHS did not follow the proper requirements for lawmaking in Texas when it tried to classify Delta-8 as an illegal substance. Therefore, the state cannot enforce such an ordinance.
A lawsuit is still ongoing against Texas DSHS to determine if the agency can ban Delta-8, and the injunction will last until there is an official decision in the case.
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.
Is Delta-8 Legal 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.
Final Thoughts: Is Delta-8 Legal in Texas?
Delta-8 is one of the most popular hemp-derived psychoactive cannabinoids today because it presents a federally legal alternative to obtain effects very similar to those of Delta-9, the main active ingredient in cannabis, but with a milder intensity that makes your high more manageable.
Under federal law, Delta-8 is legal since it comes from hemp, and the federal or state laws that regulate cannabis in Texas do not directly mention it. Despite this, the legal status of Delta-8 in Texas is in a legal gray area as there is an ongoing attempt by the state's major health agency to list Delta-8 as a controlled substance, which could make any person who owns, buys, sells it a criminal.
Nevertheless, the competent authorities have not yet approved the DSHS proposal to ban Delta-8 in Texas. Until there is an official pronouncement from the local authorities regarding the ongoing legal processes, the Delta-8 is still legal in the Lone Star State.
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 crows!
