Delta-8 has become increasingly popular as a “legal high” with effects very similar to delta-9-THC, the psychoactive ingredient in cannabis. Delta-8 products are particularly popular in states like Texas where cannabis is illegal. But is Delta-8 legal in Texas?
Delta-8 is currently in a gray area in the Lone Star State. The sale and possession of delta-8 flowers, tinctures, oils, vapor pens, gummies, and other preparations remains legal in Texas, but some Texas lawmakers have been trying to criminalize delta-8.
Read on for more details about delta 8 laws in Texas.
WHAT IS DELTA 8 THC?
Delta-8 and delta-9 THC are two of over 100 cannabinoids produced by hemp plants. You probably noticed that both delta-8 and delta-9 end in THC. What does that mean?
Delta-8 and delta-9-THC differ only in the placement of their 2-carbon double bond. Delta-8 has its double bond in the 8th position and delta-9 has a double bond in the 9th.
The close similarities give delta-8 THC a euphoric effect similar to delta-9, although delta-8 is less potent than delta-9. The differences have led to some confusion about the legal status of delta 8 products under delta 8 laws in Texas.
DELTA 8 VS DELTA 9
Delta-8-THC and delta-9-THC are two forms of tetrahydrocannabinol, an oily molecule produced by cannabis plants.
Delta-9 THC is the primary psychoactive chemical in marijuana, but it is just one of over 113 (and counting!) cannabinoids found in a cannabis plant. Most of those other cannabinoids are produced in smaller quantities, but many have potent medicinal effects of their own.
Delta-8-THC differs from delta-9-THC only in the placement of the double bond that helps the THC molecule hook up to your body’s cannabinoid receptors. But that placement makes delta-8 react less strongly with those receptors than delta-9, hence delta-8’s lower potency.
IS DELTA 8 LEGAL IN TEXAS
Delta 8 laws in Texas are still in a very gray area that has yet to be settled in court.
At present there is no Texas law declaring delta-8-THC illegal. There were efforts to list delta-8 as a Schedule 1 substance like delta-9-THC. But after retail merchants got a delta 8 injunction, Texas Health & Human Services lost the appeal. Legislative efforts to declare delta-8 illegal have been unsuccessful so far, but the final verdict still remains unsettled.
Can you Buy Delta 8 in Texas?
So long as the injunction is in effect, delta-8-THC remains legal in Texas. You can easily find delta-8-THC in Texas stores, wellness centers, dispensaries, vape stores, and even Texas gas stations.
So why is delta-8 legal in Texas? It has to do with the difference between cannabis and hemp plants.
Why is Delta 8 Legal in Texas
Is delta 8 THC legal in Texas? Under the 2018 Farm Bill, hemp and hemp byproducts other than delta-9-THC were declared legal under federal law. But as delta-8 became more popular, Texas HHS officials declared delta-8 a Schedule 1 controlled substance.
The delta-8 injunction was temporary pending a January 2022 hearing. But that hearing was canceled and has not yet been rescheduled. Delta-8 products are legal for now but delta 8 laws in Texas remain unsettled.
HOW THE 2018 FARM BILL HELPED
The 2018 Farm Bill separated “hemp” from “marijuana” and legalized hemp – Cannabis sativa material with less than 0.3% delta-9-THC – nationwide. This effectively covered all cannabinoids, acids, isomers, salts, and salts of isomers.
In October 2021 Texas Health and Human Services declared delta-8 a Schedule 1 Controlled Substance. Schedule 1 is reserved for drugs like heroin with no accepted medical use. Violating Schedule 1 delta 8 laws in Texas could lead to fines or prison.
After you look at the original text below, read on for a Delta 8 THC Texas update.
Sec. 121.001.
Texas Agriculture Code states: “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Merchants and users believed this made delta-8 legal in Texas.
Sec. 481.002.
Texas Health & Safety Code states: (5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
Let’s look at how Texas defines the term Marihuana:
(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
While federal law might make delta-8 legal, Texas HHS argued that delta-8-THC’s psychoactive properties were close enough to delta-9-THC to warrant the scheduling.
Will Delta 8 Continue to Be Legal?
The injunction against the HHS decision was sustained on appeal and at the Texas Supreme Court. But the battle is not over. Many legislators are pushing for delta 8 laws in Texas that would make the sale and possession of delta-8 products illegal.
But while legislators are pushing for bans, delta-8 sellers and users are pushing back as well. The Battle for Texas Delta 8 legality is not over yet, so be sure to check back for delta-8 Texas updates.
Is Delta 9 THC Legal in Texas
Is Delta 9 legal in Texas? Only in very small amounts. Texas Health and Safety Code Chapter 443 allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). Any higher quantities of delta-9 and your legal hemp becomes illegal marijuana. In Texas possession of up to two ounces of marijuana is punishable by up to 180 days in jail, a $2,000 fine, or both.
WHAT THIS MEANS FOR YOU
Can You be Arrested for Delta 8?
In Texas Delta 8’s legal status remains unclear, but to date, nobody has been arrested in Texas for buying or selling delta-8 products.
One issue that could arise is that it is easy to confuse delta-8 roll-ups, gummies, or other products with their delta-9 counterparts. If police mistook your delta-8 flower for marijuana, you could possibly be detained and arrested until law enforcement determines otherwise. There are a few other situations where delta-8 might cause you trouble in Texas.
Can You Smoke Delta-8 in Public in Texas?
You shouldn’t smoke Delta-8 in public in the Lone Star State.
Delta 8 THC in Texas is currently legal like other hemp products, but there are no laws on whether you can smoke delta-8 in public. Public cannabis smoking is generally frowned upon even in the most marijuana-friendly states. And as noted above, delta-8 flower and rollups look and smell like weed.
SITUATIONS THAT CAN LEAD TO AN ARREST
While you can still get legal delta-8 in Texas, there are a few situations where you could find yourself under arrest for delta-8.
Getting arrested is bad, but there are other consequences that can come with irresponsible delta-8 usage. While delta-8 has an excellent safety profile and is less likely to lead to unpleasant experiences than delta-9, you still need to be careful when using it to be safe.
Driving Under the Influence
If an officer determines you were driving while under the influence of delta-8, Texas will charge you with DWI (Driving While Impaired).
A DWI conviction in Texas will cost you up to $2,000 in fines and between 3 and 180 days in jail.
You will also face a license suspension of up to a year and increased insurance premiums. And things get even worse if you have an earlier DWI on your record.
How to Carry Delta 8 in Your Car
If you are traveling in your car with delta-8, you should carry your product in its original package. If possible, keep the receipt from where you bought it so it’s clear you are carrying a legal product.
Instead of driving with your delta-8 in your pocket or glove compartment, store it in your backseat or trunk. If you keep a distance between you and your delta 8, Texas law enforcement has a harder time claiming you were using while driving.
What Happens if You Get Pulled Over With Delta 8 in Texas
If you are pulled over by police officers, they will be looking for signs that you are impaired by alcohol or any other substance. If the police find a smoking Delta 8 rollup in your ashtray, they may determine that Delta 8 impaired your driving. If that happens, you will get charged with DWI.
What happens if the police determine you are not driving under the influence of DWI, but find several boxes of delta 8 products in your trunk? Nothing at all. There is no possession limit on Delta 8 THC in Texas.
Bond
If you are currently facing charges and are out on a bond, the judge will tell you that you cannot have any cannabinoids. That means Delta 8 as well as cannabis. Delta 8 in Texas is legal for now, but if you fail a court-mandated drug test for cannabinoids or are caught with delta-8 products, you can be returned to jail for violating the terms of your bond.
Probation
Your probation includes a stipulations warning that says you cannot possess or consume any cannabinoids, including delta 8 in Texas. Delta-8 metabolites will trigger a positive cannabinoid test and could very well put you behind bars. If you are presently on supervised probation, delta 8 will get you in just as much trouble as marijuana. Don’t risk your freedom.
AGE RESTRICTIONS FOR DELTA 8 IN TEXAS
You must be at least 21 years or older to buy Delta 8 in Texas. Under the terms of the 2018 Farm law, delta-8 is a hemp product containing less than 0.3% delta-9 and hence should be as legal as hemp seed oil. But because delta-8-THC has psychoactive effects, most states have set minimum age requirements on delta-8 products.
WHY IS DELTA 8 SO POPULAR
While Delta 8’s Texas legal status remains unclear, it has still found a large and growing fan base. Why?
In the simplest terms, delta-8-THC gets you “high.”
Its psychoactive properties are very similar to the better-known delta-9-THC, and its lower potency makes it easier to dose without fear of anxiety, lethargy, or any of the other side effects that come with getting too high.
Thanks to Delta-8’s popularity, it is available in several different forms, including edible gummies, vapor pens, and oil tincture.
WHAT TO CONSIDER WHEN BUYING DELTA 8
There are many options when shopping for delta 8 THC in Texas. Here are some things to consider when shopping to ensure you are buying quality Delta 8 products.
Quality
When shopping for delta 8 THC in Texas, you need to make sure you are buying a high-quality product. This means doing some research into the different delta-8 companies to determine their brand reputation, testing policies, hemp sources, and farming methods. Cheap delta 8 products may not be produced to the proper standards. Delta-8 product strength may vary between batches, and products may contain extraction by-products or toxins that can be hazardous to your health.
How Strong It Is
Beginners who are trying delta 8 in Texas for the first time should start with a small dose to see how it affects them, especially if they have little experience smoking cannabis. Seasoned users might want a stronger delta-8 formulation, especially since delta-8 products are less potent per mg than those made with conventional marijuana. Check the potency of your delta-8 product before purchasing it, so you can find the flower, concentrate or edible that works best for you.
Reviews
Delta 8 is fairly new to the market, and has attracted the attention of many fly-by-night companies who are more interested in making a fast buck than providing a quality product. Look for companies that have been in the hemp industry for a while and have a track record of positive reviews and satisfied customers. Check the internet to see what delta-8 users have to say, and pay attention to both positive and negative reports.
Does Third Party Testing
There are lots of places selling delta 8 in Texas, but reviews can be faked and advertisements can be misleading. That is why the best delta 8 companies hire neutral third party firms to test their product and verify their claims. Third party testing ensures the delta 8 product being sold is described accurately on the company’s website and in their advertisements.
When you’re shopping, look for companies that list their third party testing company.
Organic
You don’t want to put harmful chemicals and pesticides in your body, so look for companies that make their delta-8 from organic hemp extractions. When you’re shopping for delta 8 in Texas, look for companies like Hello Mood that source their hemp from small, family-run farms using heritage hemp farming techniques. When you start with clean, naturally grown hemp you avoid many of the toxins used in industrial hemp farming.
DELTA 8 PRODUCTS YOU CAN BUY IN TEXAS
If you’re looking for delta 8 THC in Texas, check out our many glowing reviews. We offer quality delta-8 THC products you can buy online, and we deliver to Texas.
Flowers
Looking for Delta 8 flower in Texas? We have a couple different flowers you can try. Our delta-8 flowers are potent, have many rave reviews, and are regularly tested by a third party so you don’t have to worry about quality issues or wonder what you are getting.
Raspberry Creme
Raspberry Creme is a very chill, mellow and happy smoke that is sure to put a smile on your face. Raspberry Creme brings on a dreamy, mellow high that’s great for watching the clouds roll by, or hanging out with good people and enjoying each other’s company.
Pink Panther
Pink Panther is like the cartoon character – playful, happy and a little mischievous! Our Pink Panther flower will leave you feeling talkative and curious, and is the perfect choice for goofing around with friends and being the life of the party. Smoke this and let your freak flag fly!
Pre-Rolls
Our hand rolled cannabis pre-rolls are a great way to enjoy delta 8 THC in Texas. We grind up our finest flower and roll it up in a form that’s great for sharing with friends or enjoying a leisurely delta 8 smoke by yourself.
Infused Pink Panther Pre-Roll (0.5g)
Our Infused Pink Panther Pre-Roll (0.5g) will have you stumbling around like Inspector Clouseau if you overdo it! One 0.5g Pink Panther Pre-Roll will be plenty for 2-3 people, as most say a few hits are more than enough to lighten their mood and improve their focus.
Infused Green Goblin Pre-Roll (0.5g)
The Infused Green Goblin Pre-Roll (0.5g) is a potent, playful smoke that will leave you and your friends chilling like supervillains. A few hits is all it takes, so this is an excellent “bang for your buck” product. Our Infused Green Goblin Pre-Roll is slow burning and hand rolled with love
Extracts
Many people prefer hash or dabs to smoking flower. If you are one of those people, there are a number of other concentrated extracts of delta 8 in Texas that may better suit your needs.
Afghan Hash
Hash is the oldest of the Delta 8 concentrates, and has been smoked in Afghanistan for many centuries. Hash – like our Afghan Hash – is a lot more potent than flower, so you only need a little to get the same effect. And because hash originates with live plants, different strains give you different highs.
Edibles
Many people looking for delta 8 THC in Texas prefer edibles for their long lasting, more chilled buzz. Because they are smoke-free, edibles are a discreet way to enjoy delta-8 THC without that distinctive smell. They are also much easier on your lungs, making them safer to consume than smoked delta-8. We offer two different gummy solutions for those who prefer ingesting their delta 8 to smoking it.
25mg Delta 8 Gummies
Our tasty 25mg Delta 8 Gummies are vegan, non-GMO, gluten-free, and low in sugar. We make our gummies with an extract that includes hemp-derived delta 8. These gummies deliver a sweet, long-lasting delta-8 vibe that can help you concentrate in lower doses but become introspective and trippy at higher doses. Our 25mg Delta 8 Gummies are potent, so we recommend starting with half a gummy to determine your tolerance before taking more!
Rapid Onset Delta 8 THC Gummies
It can take a while for edibles to start taking effect. Our Rapid Onset Delta 8 THC Gummies take effect in only 5-15 minutes! Most forms of THC are only soluble in oils or fats. We use a special water-soluble form of THC to make our Rapid Onset gummies, so they get absorbed almost instantly and are 400% to 500% more bio-available. We use 5mg of Rapid Onset THC, but it feels like 20-25mg of regular THC.
IS DELTA 8 LEGAL IN TEXAS? YES BUT…
Delta 8 is presently legal in Texas, but things are up in the air. The final hearing to determine whether the injunction stays in place or is dismissed has not yet been scheduled, and for now, delta-8 is safe for Texas residents to buy and enjoy.
There is some pressure to ban delta-8 from Texas legislators and regulators, but there is also pushback from merchants and from Texas residents who enjoy delta 8’s benefits. Keep watching this page for an ongoing delta-8 Texas update, as we will inform you when and if it becomes illegal in Texas.
