Delta 8 in Texas: Everything you need to know
Wondering about Delta 8 in Texas? Lots of people wonder about delta-8 THC legal troubles, and it seems like this newcomer to the cannabinoid market hasn’t been received everywhere with the open arms we feel it deserves. Well, everything’s bigger in Texas, and that also applies to Texas law enforcement’s legal battle with Delta-8 THC products.
Just as it is at the federal level, Marijuana has been illegal in Texas since 1931. Delta 8 THC is legal in the state of Texas because it falls under the protections of the Farm Bill. The Farm Bill specifically identified delta 9 THC by name, which eventually led to the isolation and commercialization of other THC isomers such as delta 8.
Delta-8 THC is a form of tetrahydrocannabinol. Technically an isomer of THC, delta-8 has some of the psychoactive qualities of classic THC.
The Legality of Delta 8 in Texas
Lawmakers in the 2018 legislative session of the Texas legislature passed House Bill 1325, making the federal Farm Bill state law in Texas. Gov. Greg Abbott signed HB 1325 into law in 2019. HB 1325 includes a section on industrial hemp that defines consumable hemp as a Cannabis plant species with less than 0.3% of its dry weight as THC. Since that time, CBD products have been sold across the state.
In Texas, it was CBD stores, smoke shops, and vape retailers that first started selling delta-8 based on its low THC concentration on the theory that it is a legal derivative under HB 1325. In fact, the ongoing case involves a local Austin shop called Hometown Hero.
In May 2021, a federal court in California in a different case ruled that delta-8 products are legally considered hemp. This means that as long as their THC concentration remained under 0.3%, they are legal under federal law, not controlled substances. This other case lends support to the idea that delta-8 products are legal under the Farm Bill as written.
Meanwhile, in October 2021 the Texas Department of State Health Services (DSHS) classified delta-8 as an illegal substance, a direct attempt to halt sales. The good news is, a short time after, the ruling was successfully appealed and a temporary injunction put into place.
Today, the Texas Tribune reports Delta-8 is still legal in Texas as a lawsuit against DSHS rages on in what is at minimum a gray area. Some points may reach the Texas Supreme Court. The case is over whether the agency is able to make delta-8 under Texas’ rule-making requirements. Until this is decided, the injunction will stand.
So as of now, Delta 8 THC hemp products are legal across all states according to the Farm Bill. This is why some states have specifically written laws prohibiting the use of Delta 8 THC.
As of right now, it is perfectly legal to purchase Delta 8 products in Texas. Since the appeal, the state and federal government have made multiple efforts to overturn the appeal, so we suggest checking this webpage regularly for updates, just to be safe.
That being said, Texans (of age) are more than welcome to pop a gummy (or 2 or 3 or 4) before they get their dinner cooking, a movie started, or before watching a game of football. Happy consumption!
Written by Diet Smoke Staff Writers
The staff writers for Diet Smoke have been researching and writing about premium hemp-derived THC and CBD products for more than 3 years. The team has a keen understanding of the topic, remain current on all FDA and industry news, and use their expertise to generate engaging and informative content to help educate consumers on Diet Smoke’s products. Each article is fact-checked and includes sources to scientific data to ensure readers receive the most up-to-date and accurate information possible.
Reviewed By Colby Wohlleb
Colby Wohlleb, editor of Diet Smoke, reviews and approves all content before releasing it for posting on the Diet Smoke website. As a tireless advocate for the benefits of premium hemp-derived THC and CBD products, Colby ensures that all content is accurate, engaging, and informative. He also works directly with a trusted source to ensure the purity of the products we sell and performs rigorous lab testing to ensure that Diet Smoke’s products are of the highest quality and safety standards.