Is Delta 8 THC legal in Texas?

YES, Delta 8 is Legal in Texas

Is Delta 8 legal in Texas?

Delta 8 THC is legal according to Texas state law. Delta 8 gummies, delta 8 carts, delta 8 oil, delta 8 flower and delta 8 distillate are all included in this category.  

Understanding Delta 8 THC and Its Legal Status in Texas


Delta 8 THC is a naturally occurring cannabinoid that has recently gained popularity. However, the legality of Delta 8 THC is still uncertain in some states, including Texas. Delta 8 THC is a chemical compound that is found in cannabis plants. It is similar in structure to Delta 9 THC, the primary psychoactive compound found in marijuana.


Is Delta 8 THC Legal in Texas?


The legal status of Delta 8 THC in Texas is still unclear. Delta 8 THC is not explicitly listed as a controlled substance in the Texas Controlled Substances Act. However, the Texas Department of State Health Services (DSHS) has stated that Delta 8 THC is illegal under Texas law. According to the DSHS, any product containing Delta 8 THC is considered a controlled substance.


The Legality of Delta 8 THC Products in Texas


Due to the legal ambiguity surrounding Delta 8 THC in Texas, many companies have started selling Delta 8 THC products. However, consumers need to be cautious when purchasing Delta 8 THC products in Texas. The DSHS has issued warnings to consumers about the potential health risks associated with Delta 8 THC products. Additionally, some local law enforcement agencies have seized Delta 8 THC products and charged individuals with possessing a controlled substance.


How to Stay Safe When Using Delta 8 THC Products in Texas


Consumers should be cautious when using Delta 8 THC products in Texas. It is essential to only purchase Delta 8 THC products from reputable companies that provide lab testing results. Consumers should also be aware of the potential health risks associated with Delta 8 THC products and should consult with a healthcare professional before using these products.


Future of Delta 8 in TX


The legality of Delta 8 THC in Texas is still uncertain. While Delta 8 THC is not specifically listed as a controlled substance in the Texas Controlled Substances Act, the DSHS has issued a statement that Delta 8 THC is illegal under Texas law. Consumers should be cautious when purchasing Delta 8 THC products in Texas and should only purchase products from reputable companies that provide lab testing results. Additionally, consumers should be aware of the potential health risks associated with Delta 8 THC products and should consult with a healthcare professional before using these products.


Legal document found HERE

TITLE 63. TEXAS PUBLIC HEALTH CODE  

Sec. 121.001. DEFINITION. 

“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.


Legal document found HERE


TITLE 6. SUBTITLE C. – SUBSTANCE ABUSE REGULATION AND CRIMES

Sec. 481.002. DEFINITIONS.


(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.


(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.

The term does not include:


(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;


(B) the mature stalks of the plant or fiber produced from the stalks;


(C) oil or cake made from the seeds of the plant;


(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;


(E) the sterilized seeds of the plant that are incapable of beginning germination; or


(F) hemp, as that term is defined by Section 121.001, Agriculture Code.


Legal document found HERE


Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

Is Delta 9 THC Legal in Texas?

Yes, Delta 9 is legal in Texas

Delta 9 THC is legal according to Texas state law. 

Why is delta 9 THC legal? read more   HERE

Is Delta 9 Legal in Texas?


Delta-9 THC gummies, or D9 gummies, have gained popularity among cannabis users due to their potency and long-lasting effects. However, the legality of Delta-9 THC gummies varies from state to state, and Texas has made headlines with filing junctions to keep hemp edibles legal.


What's the Deal with Delta-9 THC?


Delta-9 tetrahydrocannabinol (D9 THC) is a significant and substantial psychoactive component of cannabis that produces the "elevated sensations" associated with cannabis use, commonly called a "high."


THC from marijuana (not hemp) is federally illegal, but some states have legalized use for medicinal or recreational purposes. Nonetheless, even in states where it is legal, the amount, source, and specifications of Delta 9 gummies and other edibles' potency vary.


What are Federally Compliant Delta-9 THC Gummies?


Federally compliant Delta-9 gummies contain less than 0.3% Delta-9 THC. They are manufactured from hemp, classifying them as legal under the 2018 Farm Bill. The Farm Bill legalized hemp-derived products, including THC gummies and other edibles, as long as they contain less than the specified THC threshold.


Usage of Hemp-derived THC Gummies in TX


Texas has legalized low-THC cannabis oil for medicinal purposes but has not legalized marijuana-derived THC. According to Texas law, any product that contains more than 0.3% Delta-9 THC is considered marijuana and is illegal.


Hemp-derived THC gummies which comply with federal regulations are legal in Texas. It's required that consumers be 21 years of age or older to purchase and consume Delta 9 THC in Texas.


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Is HHC legal in Texas?

Yes, HHC is legal in Texas