Is Delta-8 THC Legal in Texas? (Feb. 2023 Update)

By | Updated on October 5, 2023

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There’s an ongoing battle to keep delta-8 legal in Texas. Lawmakers have tried several times to ban delta-8 and a new bill is on the horizon. Keep reading for a detailed look at delta 8 legality and its future in the Lone Star State.


Delta 8 is legal in Texas but lawmakers are trying to pass a Senate bill to ban it.

If you’re looking for high-quality delta 8 products, I recommend Hometown Hero. This transparent Texas brand provides complete third-party test reports, which are critical for getting a safe and effective delta 8 THC product. It also donates a portion of every sale to veteran organizations.

Texas Delta-8 THC Laws

Like in most states, hemp products are legal in Texas. The state signed the Hemp Farming Act into law in June 2019, which says:

“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol.

Texas HB 1325

Since delta-8 THC fits under that definition, it’s legal in Texas. Still, the legality of delta 8 has been continuously challenged. Here’s a quick summary:

  1. Two separate bills (House Bills 3948 and 2593) aimed at banning delta 8 in Texas failed to pass in April and May 2021.
  2. In October 2021, the Department of State Health Services (DSHS) released a statement arguing that delta-8 THC is a controlled substance in Texas.
  3. Popular Texas delta 8 vendor Hometown Hero together with other Texan delta-8 businesses responded with a lawsuit, with the court granting a temporary injunction that keeps delta 8 legal. The judges said their ruling was meant to uphold the status quo and prevent businesses from suddenly losing revenue while the lawsuit is ongoing.
  4. On December 14, 2021, the Texas Supreme Court denied a DSHS request to ban delta 8 products, upholding the temporary injunction.
  5. In December 2022, Senate Bill 264 was filed, which seeks to ban delta-8 THC and other intoxicating hemp products. It’s expected to face a lot of opposition, especially from Texas veterans who rely on delta-8 as an alternative to prescription medication.

The bottom line is that delta 8 is legal in Texas but the battle over its legality isn’t over.

What is Delta-8 THC?

You’re probably familiar with tetrahydrocannabinol (THC), the cannabis compound that gets you high. Marijuana has high levels of delta 9, a specific form of THC.

Delta 8 THC is similar to delta 9. It can cause euphoria, sleepiness, and other effects, but it’s weaker than delta 9 (1).

Cannabis plants contain very little delta 8, so it’s usually made from hemp-derived CBD through a chemical process.

Why Delta-8 THC is Federally Legal

Delta 8 THC is legal nationwide thanks to the 2018 Farm Bill. The bill legalized hemp products, defining them as cannabis derivatives with no more than 0.3% delta-9 THC.

Since there’s no limit on other types of THC, hemp-derived delta 8 is allowed under the bill.

Thanks to this loophole, manufacturers turn pure, hemp-derived cannabidiol (CBD) into delta 8 through a chemical conversion. 

States Where Delta-8 THC is Illegal

Each state has the power to regulate delta 8 as it sees fit. 

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Texas

I predict that some politicians will continue to try banning delta 8 in Texas. The latest attempt is Senate Bill 264, which is being challenged at the moment.

We’ll have to wait and see what happens but I think delta-8 will remain legal. It’s clear that Texans want cannabis legalized, so I expect delta-8 THC to ride that wave and become regulated in a similar way.

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