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Delta 8 THC Texas: Is It Legal?

If you want to know if you can enjoy Delta 8 THC in Texas, you are in luck. Delta 8 THC is completely legal in Texas, as well as at the federal level.


The Federal Government Legalized Delta 8 THC

You may have heard of the 2018 Farm Bill, which legalized hemp and its cannabinoids and products, such as CBD. This same bill also makes Delta 8 THC legal at the federal level.

The bill defines hemp as plants and derivatives that have delta-9 THC concentrations lower than 0.3%. This means that Delta 8 THC, as well as CBD and other cannabinoids, are derived from hemp. As such, they are legal thanks to the 2018 Farm Bill.


What About the Recent DEA Rules?

There was some concern about the recent DEA rules. The agency said that these rules clarified definitions and restrictions outlined in the 2018 Farm Bill. But anytime new language regarding hemp laws is introduced, activists have a tendency to become concerned.

The biggest concern in the new rules came from the fact that they say that synthetic THCs are controlled substances under a similar classification to marijuana. After some debate in the community and requests for clarification, experts reached the consensus that this shouldn’t affect Delta 8 THC.

The bottom line is that Delta 8 THC occurs naturally, so it is not synthetic. This means that it is not affected by this adjustment or clarification.


Texas State Law Regarding Delta 8 THC

Texas state law closely mirrors that of the federal government, legalizing cannabinoids, derivatives, and isomers of hemp except delta-9 THC. This means that the state legalized all other tetrahydrocannabinols other than delta-9 THC.

There are two relevant sections of the Texas law that clarify the legal status of Delta 8 THC.


Sec 121.001 of Title 5

If you look at Title 5 and Subtitle F, you will find laws on hemp. Section 121.001 defines hemp in a nearly identical way to the federal government’s definition and that of other states that have legalized Delta 8 THC.

Essentially, hemp refers to parts of Cannabis sativa L. or the plant itself and derivatives, salts, acids, isomers, cannabinoids, and

extracts, provided they have less than 0.3% concentration of delta-9 THC based on the dry weight.


Sec 481.002 of Title 6

Looking at Title 6 and Subtitle C will show you “Substance Abuse Regulation and Crimes.” The relevant parts of Section 481.002 are (5) that defines “controlled substance” and (26) that defines “marijuana.”

(5) defines “controlled substances” as part of Schedule I to V or in the Penalty Groups of 1 – 4, 1-A, and 2-A. The definition explicitly excludes hemp (based on its definition in Section 121.001) and tetrahydrocannabinols in hemp. Delta 8 THC fits into this last category as one of the tetrahydrocannabinols in hemp, meaning it is excluded from the definition of controlled substances.

(26) defines marijuana as the plant, seeds, and compounds that feature it. It has similar exclusions to federal law and those from other states, including (F), which is hemp. This once again relies on the definition of hemp in Section 121.001 of the Agriculture Code.


The Bottom Line

You can legally use, buy, and possess Delta 8 THC in Texas. The law explicitly defines it as hemp, assuming it has less than the legal limit of delta-9 THC, which is 0.3%.

However, just because it is legal doesn’t mean you should be indiscriminate about what you buy. Always do your research to ensure that your chosen product is within legal levels of delta-9 THC. The best way to do this is by looking at the results of third-party lab testing.

One Response to “Delta 8 THC Texas: Is It Legal?”
  1. Luis Hernandez says:

    I want to know if it will fail a drug test

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