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Is Delta-8 Legal in Texas?

jennifer williams cbd content writer
July 17, 2022
Evidence Based This post has 4 references

With the rapid expansion of the cannabis industry in recent years, there are now many different products available on the market – and each state has its own laws governing what is and isn’t legal. So, if you live in Texas and are curious about delta 8, read on to find out the latest about this cannabinoid and other cannabinoids.

What is delta 8 THC?

Delta-8 THC is a cannabinoid that is found in the cannabis plant and hemp plant. It is similar to delta-9 THC, one of the main psychoactive components in cannabis, but it is less potent. This is due to delta 8 having its double bond in a different location. Delta-8 THC is legal in some states, but it is illegal in all states.

In Texas, delta-8 THC is allowed if it is derived from federally legal hemp (meaning its delta 9 THC content is below 0.3%). Hemp-derived delta 8 THC is allowed under the state’s hemp program. However, delta 9 THC which is derived from marijuana is still illegal in Texas.

This makes delta-8 and other legalized products popular for those looking for a federally legal high. If you are interested in trying delta 8 THC, be sure to check the laws in your state before purchasing it.

Is delta 8 THC legal in the U.S?

There is a lot of confusion about the legal status of delta 8 THC. Most of the hemp growers and consumers of delta-8 THC and other consumable hemp products argue that delta 8 THC and other THC isomers are fair game under the federal Farm Bill, which allows for the production of hemp products. Others say that the Farm Bill doesn’t apply to some of the newer cannabinoids coming out recently. Those who disagree with the federal Farm Bill argue that delta 8 and other hemp-derived products should be on the controlled substances list due to the Analogue Act.

Until there is an official public hearing or public safety announcement, delta 8 seems to remain legal. The federal government has yet to issue an official statement. If you want to purchase or use delta-8 THC products, make sure to check the laws in your state first.

Is delta 8 THC legal in Texas?

For now, even with Texas’ strict laws, delta-8 THC seems to be staying. This is because when DSHS commissioner John Hellerstedt requested that the Texas Supreme Court take action on the state’s ban on delta 8, the high court refused the case. There was a final hearing scheduled for January of 2022, but this was canceled. This means delta 8 THC is still temporarily legal for up to two years.

This means that Texas hemp growers as well as the Hemp Industries Association are still protected under the Farm Bill. Furthermore, a Travis County judge’s ruling to block the Texas legislature from considering delta 8 a controlled substance corroborates its legality.

Is cannabis federally legal?

No, cannabis is still illegal (except in accepted medical states). Cannabis is still considered a Schedule I controlled substance under the Controlled Substances Act. This means that it is illegal to manufacture, distribute, or possess cannabis in the United States.

However, some states have legalized cannabis for medicinal or recreational use. In those states, cannabis is not considered a controlled substance, but businesses that cultivate, manufacture, and sell cannabis are subject to state laws and regulations. The legal battle for cannabis and hemp will continue, but it seems that the nation is heading in the right direction.

Is cannabis legal in Texas?

No, cannabis is not allowed in Texas. While some states, like California allow cannabis for medical or recreational use, Texas is not one of those states. Cannabis is illegal in Texas for any purpose, and it’s on the list of controlled substances. Possession of small amounts of cannabis is punishable by up to 180 days in jail and a fine of up to $2,000. Penalties become more severe for larger amounts of cannabis like with other controlled substances.

If you are caught with cannabis in Texas, you could face serious criminal charges. It is important to know the law before you attempt to purchase or use cannabis in any state.

Possession of small amounts of cannabis is a misdemeanor offense in the state, punishable by up to 180 days in jail and a fine of up to $2,000.

Differences between hemp and marijuana

Though hemp and marijuana come from the same plant, Cannabis sativa, they are different in their tetrahydrocannabinol (THC) content. THC is the psychoactive component of cannabis that produces the “high” feeling. Hemp contains less than 0.3% THC, while marijuana contains more than 0.3% THC.

In Texas, hemp was legalized in 2019 with the passage of Senate Bill 507. This bill defined hemp as cannabis with less than 0.3% THC. The bill also created a regulatory system for the cultivation and processing of hemp. However, marijuana is still illegal in Texas.

The main difference between hemp and marijuana is their THC content. Hemp contains very little THC, while marijuana contains more THC. This is why marijuana is still illegal in Texas while hemp is not. You don’t want to be caught with delta-9 THC edibles to avoid felony charges or jail time.

What does this mean for Texas?

If Delta stays legal in Texas, it would mean that people in Texas would be able to continue purchasing and using hemp products without fear of breaking the law. This will continue to open up the market for delta products in Texas, and could potentially lead to increased sales and more jobs in the state. It would also allow Texans to have greater access to hemp products, which means a safer alternative to delta 9 THC, which is still illegal.

Where to buy delta 8 THC in Texas

Delta 8 THC is legal in the lone star state, but there are a few things to keep in mind before you purchase it. First, you make sure you’re of age before looking to buy delta 8 products. In some states, this may be 21, but in others, 18. Next, you want to find a reputable source. There are many CBD stores and smoke shops that carry delta 8 products, so a quick Google search and call to these shops and other stores can help you find quality products.

You also want to make sure that the product you’re buying is safe. For example, THCjd, a synthetic variant of THC, may not be as safe as delta 8, which is usually a natural hemp product. Finding a good hemp source is hard, but it’s worth it for your safety. Make sure the brands have lab results and decent reviews at the bare minimum.

Best delta 8 THC products delivered to Texas

If you’re looking to buy delta 8 products online, there are many online retailers, like D8 Super Store and HomeTown Hero that provide quality products for consumers. However, there’s also a lot of garbage out there, which can be a real threat to the industry. Make sure that all of the delta 8 products on any site you’re buying from have legitimate lab results and that they won’t scam you.

With delta 8 becoming so popular, many people looking for quick profits are entering the market—don’t let them mislead you. By being educated and buying from reputable brands, you’re helping keep the delta 8 industry safe for everyone else to enjoy.

The future of delta 8 THC?

As of right now, Delta 8 THC is legal in Texas as well as in the U.S. The state has not yet passed any legislation specifically pertaining to this cannabinoid.

This could change in the future, however. But with more and more states passing laws to legalize marijuana and its derivatives, it’s possible that delta 8 THC will eventually be legalized everywhere.

Until then, those who wish to consume delta 8 products will need to be careful and do their research. It is still considered a Schedule I controlled substance in some states, so it’s important to be wary of that.

Of course, the legality of delta 8 THC could also change on a federal level. If the US government decides to decriminalize or legalize marijuana, then all other forms of THC could likely become illegal nationwide. Until then, make sure to abide by your state law regarding delta 8.


In conclusion, the answer to the question “Is Delta 8 THC legal in Texas?” is a resounding yes!

There are no current laws in Texas that prohibit the use or sale of delta 8 or other hemp products. However, it is important to keep in mind that the legal landscape surrounding cannabis-related products in Texas is constantly changing, so be sure to stay up-to-date on the latest developments.

jennifer williams cbd content writer

Jennifer Williams

Jennifer Williams is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent

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