Is Delta-8 Legal in Texas?

Is Delta-8 THC Legal in Texas?

Yes, Delta-8 THC remains legal in Texas. In 2019, the state legalized hemp and its derivatives through House Bill 1325, which aligned Texas law with federal regulations. This bill allows the production, manufacture, and sale of hemp-derived products as long as they contain no more than 0.3% Delta-9 THC. 

However, Delta-8’s status has faced legal challenges. In 2021, the Texas Department of State Health Services (DSHS) attempted to classify Delta-8 as a controlled substance, effectively banning it. This led to a lawsuit from hemp retailers, and a judge temporarily blocked the ban while the case moved through the courts. As a result, Delta-8 remains legal in Texas, but both lawmakers and businesses have closely monitored the situation.

Medical Use of THC in Texas

Texas has a limited medical cannabis program under the Compassionate Use Program (CUP). This program allows certain physicians to prescribe low-THC cannabis to patients with qualifying conditions. Under Texas law, low-THC cannabis is defined as containing no more than 1% THC by weight. Although Delta-8 THC isn’t a part of this program, it remains a separate, hemp-derived product that the general public can purchase.

Hemp-Derived Cannabinoids: Understanding Delta-8, Delta-9, and Delta-10

Hemp-derived cannabinoids offer a range of effects and applications, making them a key area of exploration for those interested in alternative wellness options. While many people are familiar with Delta-9, other cannabinoids like Delta-8 and Delta-10 have gained attention for their unique properties. Let’s break down how they differ.

What Is Delta-8?

Delta-8 is a naturally occurring cannabinoid found in hemp, though in much smaller amounts than other compounds. Because of this, manufacturers typically convert CBD into Delta-8 through a refinement process. 

Known for its smoother, more relaxed effects, Delta-8 is commonly chosen by those seeking a mild, balanced experience. Its popularity has grown due to its federally legal status under the 2018 Farm Bill, which allows for hemp-derived cannabinoids as long as they meet the 0.3% Delta-9 THC limit. Delta-8 can be found in hemp-derived tinctures, edible gummies, and vaporizable extracts, offering a variety of ways for consumers to explore its properties.

What Sets Delta-9 Apart?

Delta-9 is the most well-known cannabinoid and occurs naturally in hemp and marijuana plants. In the hemp industry, Delta-9 is legally permitted in concentrations of 0.3% or less in compliance with federal and Texas state law.

Due to its higher concentration in cannabis plants, Delta-9 has historically been the most studied and widely recognized cannabinoid. While hemp-derived Delta-9 products exist in legally compliant forms, Texas regulations prohibit higher concentrations beyond the federal threshold.

How Does Delta-10 Differ?

Delta-10 is another rare cannabinoid found in hemp, typically present in trace amounts. Like Delta-8, it is often produced from hemp-derived CBD. Delta-10 has gained attention for its lighter, more energizing properties, with users describing its effects as uplifting compared to Delta-8.

Because of its low natural concentration, Delta-10 undergoes a careful refinement process to be included in hemp-derived extracts and infused products. As with other cannabinoids, its legal status depends on state regulations, making it essential for consumers to stay informed.

Medical and Recreational Cannabis in Texas: What’s Legal?

Texas has some of the most demanding cannabis laws in the country, keeping recreational marijuana off the table and limiting medical access to a state-run program with tight restrictions. Unlike states that have embraced full legalization, Texas only allows low-THC cannabis for specific medical conditions through CUP. This means doctors can prescribe cannabis with no more than 1% THC to patients with epilepsy, multiple sclerosis, and terminal cancer.

For Texans looking for legal alternatives, hemp-derived cannabinoids have become a go-to option. While recreational marijuana isn’t an option under state law, federally compliant hemp-based products offer a way to explore cannabinoids without stepping outside legal boundaries. As laws continue to evolve, Earthy Select stays committed to offering products that meet state and federal regulations, ensuring quality and compliance every step.

The Future Behind Marijuana and Hemp-Derived Products in Texas

The conversation around cannabis in Texas is heating up, and it’s not just behind closed doors in the legislature – it’s happening in courtrooms, dispensaries, and among everyday Texans who are pushing for change. While the state has historically taken a hardline stance on marijuana, recent discussions suggest that the future may not be as set in stone as it once seemed.

The Legislative Landscape: Push and Pull

Texas lawmakers are divided on the path forward, with some pushing for expanded access to cannabis while others aim to tighten restrictions on hemp-derived products. A few key bills in play right now include:

• House Bill 1208: This bill, introduced by Rep. Jessica González, aims to legalize recreational marijuana for adults over 21, allowing possession of up to 2.5 ounces and home storage of up to 10 ounces.
• Senate Bill 3: Backed by Lt. Gov. Dan Patrick, this bill takes the opposite approach, proposing a ban on consumable hemp products containing THC, including Delta-8 and Delta-9 variants. This bill has raised alarm bells among hemp retailers who argue it would cripple the state’s booming hemp industry. 
• Senate Bill 1505: Also sponsored by Sen. Charles Perry, this bill proposes expanding the Texas CUP, offering more patients access to low-THC medical cannabis. While limited, it signals a steady shift toward broader medical access. 

What Texans Think About Cannabis

While lawmakers debate, Texans have made their stance pretty clear – many want cannabis reform. A University of Houston survey found that 79% of Texans support expanding medical cannabis access, and 62% favor legalizing recreational marijuana. 

Despite this, the divide between public opinion and policy remains wide. Lawmakers have been slow to act, with conservative leadership blocking significant cannabis reform efforts. However, with continued pressure from voters and the rapid growth of the hemp industry, change feels more inevitable than impossible.