Understanding the legal status of different cannabinoids and cannabis products in the United States can sometimes be like trying to learn a very difficult tongue-twister, which can end up twisting not just the tongue but the mind.
The laws that regulate cannabis in America are confusing because while the federal government says one thing, the laws of each state say another, and they are constantly changing. But one thing is a fact: Delta-9 is still a controlled substance in most of the nation.
However, the 2018 Farm Bill that redefined the concept of hemp opened a legal loophole in the entire country, including the Lone Star State, in which various cannabis products are legal depending on the guidelines they follow, their origin, and methods of production and extraction applied.
But what exactly does this mean? What kind of cannabis products are allowed? And most importantly, is the Delta-9 legal or not in Texas? If you have any of these questions, you will find the answers you need in this post.
Delta-9 THC and Federal Law
Delta-9 has been one of the topics of controversy at the restricted substance level in North America for the past several years. This predominant organic compound ( cannabinoid) in cannabis has been subject to relentless changes in its federal and state regulations.
According to federal laws and since the 2018 Farm Bill signed by Donald Trump came into effect, Delta-9 THC is federally allowed only in very small amounts, not to exceed the established limit of 0.3% Delta-9 content by dry weight. But, hemp and parts of hemp, its derivatives, and products with a Delta-9 THC content above the 0.3% established by federal laws fall into the category of illegal and could be grounds for prosecution or legal sanctions.
However, state-level cannabis laws can vary significantly, and in some states, Delta-9-rich cannabis plants and products are permitted for medical or even recreational use. This is why there may be many users with doubts about where Delta-9 is legal.
The fact is that the laws regarding cannabis and its different cannabinoids are in a very changing stage, and the regulations regarding the use, sale, production, and distribution of Delta-9 THC-rich cannabis products are constantly evolving in each state and nationally.
Texas Delta-9-THC Laws
Delta-9 regulations in Texas are fairly aligned with federal law. Following the signing of the 2018 National Farm Bill, Governor Greg Abbott signed House Bill 1325 in 2019, which legalized hemp flower in Texas and small amounts of Delta-9. According to Texas House Bill 1325, Delta-9 THC is allowed only in concentrations of 0.3% or less on a dry weight basis.
House Bill 1325, which legalized hemp in Texas in June 2019, also bears the name of the Hemp Farming Act. This defines hemp as any part of the cannabis Sativa plant, including seeds, cannabinoids, and extracts that contain a limited 0.3% THC by dry weight. In this sense, any cannabis product that meets these guidelines is legal in Texas.
Is Delta-9 a Controlled Substance in Texas?
Short answer, yes. Delta-9 remains a Schedule I controlled substance in Texas when it exceeds the 0.3% limit imposed by local and federal laws. As for the legal regulations regarding other THC isomers, these are still very changeable and a bit unclear. This raises questions among users as to whether other THC isomers, such as Delta-8 or Delta-10, are legal in Texas.
The reality to date is that as long as the Delta-8, Delta-10, or Delta-9 does not exceed the content limit of 0.3% Delta-9 content set by House Bill 1325 and the federal 2018 Farm Bill, it is considered legal. Nevertheless, state legislatures seem to constantly be trying to ban THC products and derivatives at any concentration. Therefore, the best thing to do is to regularly update yourself concerning possible changes in the laws that regulate cannabis in Texas.
Delta-9 THC Possession Limits in Texas
Hemp-derived Delta-9 is legal under Texas law, and as long as each product meets the established 0.3% Delta-9 content limit, there are no in-place possession limits to date. Nonetheless, the regulations do not tolerate any compound or substance derived from cannabis for recreational use. As such, there are limits on possession and risks of legal sanctions for owning and possessing such products.
Under current law, the possession limits and criminal penalties for products containing more than 0.3% Delta-9 content are as follows:
- 2 ounces or less: Under the law, this level of possession is a misdemeanor and carries a 180-day sentence and a $2000 fine.
- 4 ounces: This level of possession is also a misdemeanor but carries a one-year prison sentence and a $4000 fine.
- 5 Pounds: 5 pounds or less falls into the felony range and carries a prison sentence of 180 days up to 2 years and a $10,000 fine.
- 50 pounds: Possession of up to 50 pounds of Delta-9 THC-rich cannabis also falls within the range of felony and carries a prison sentence of up to 10 years with a $10,000 fine.
- 2000 pounds or less: Possession of up to 2000 pounds is considered a felony with a mandatory prison sentence of a minimum of 2 years, a maximum penalty of up to 20 years, and a $10,000 fine.
- 2000 pounds or more: Possession of more than 2000 pounds is a felony with a minimum prison sentence of 5 years, a maximum penalty of up to 99 years, and a $50,000 fine.
Possession of large amounts of THC on charges of sale or trafficking carries even more serious consequences.
Is Delta-9-THC Legal in Texas?
Short answer, yes. But the long answer is a bit more complex. Delta-9 is legal in Texas, but only if you follow state guidelines regarding the established Delta-9 concentration limit. As in most federally aligned states like Alabama, Florida, Louisiana, and many more, Delta-9 THC is allowed up to concentrations of 0.3% by dry weight. In the same way, so are the products and derivatives of cannabis that comply with the established limit.
Nonetheless, there are several lawsuits and bills underway trying to ban Delta-9 completely and all psychoactive cannabinoids from cannabis in the state. Therefore, the ideal is to constantly check the changes in the Texas cannabis regulations to avoid any inconvenience or legal sanction by state law enforcement.
Is Delta-9 THC Safe?
Although Delta-9 is a highly psychoactive cannabinoid, it is generally safe with responsible consumption and proper dosage. Nevertheless, Delta-9 also carries side effects that can occur in users depending on their tolerance level, previous use history, or very high doses. Most of the side effects of Delta-9 are temporary, and these effects include:
- Increased anxiety
- Dry mouth
- Red eyes
- Slow reaction times
- Short-term memory loss
- Increased heart rate
There are also adverse effects of Delta-9 related to chronic or long-term use, including damage to the liver, kidneys, and heart. Some experts believe using Delta-9 products for too long can cause blood pressure problems and increase the risk of strokes and heart attacks.
Moreover, Delta-9 can also be quite addictive and pretty difficult to quit once dependency develops, even leading to withdrawal symptoms. Therefore, the best is to take a careful and responsible approach to Delta-9 consumption, using low doses and avoiding chronic or long-term use. In case of persistent adverse effects, we recommend discontinuing use immediately and consulting your healthcare provider.
Are Delta-9 Gummies Legal in Texas?
Yes, Delta-9 gummies are legal in Texas as long as they contain up to 0.3% or less hemp-derived Delta-9. As we mentioned, Texas remains aligned with the definition of hemp established in the 2018 federal Farm Bill. Therefore, Federally-compliant hemp-derived Delta-9 products like our Delta-9 gummies are legal all across the state under Chapter 443 of the Texas Health & Safety Code.
Where to Buy Delta-9 in Texas?
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