Is Delta-8 THC Legal in Texas?

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Delta 8 is legal in Texas. But there’s an ongoing legal battle to keep it that way. 

The Texas Department of State Health Services tried to ban delta-8 THC but was met with a lawsuit. For now, the courts granted a temporary injunction keeping delta 8 legal.

Here’s a detailed look at delta 8 legality and its future in the Lone Star State.

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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 that:

“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. 

First, two separate bills (House Bills 3948 and 2593) aimed at banning delta 8 in Texas failed to pass in April and May 2021.

Then in October 2021, the Department of State Health Services (DSHS) released a statement arguing that delta-8 THC is a controlled substance in Texas.

Popular Texas delta 8 vendor Hometown Hero responded with a lawsuit, with the court granting a temporary injunction that keeps delta 8 legal for now.

The judges said their ruling was meant to uphold the status quo and prevent businesses from suddenly losing revenue while the lawsuit is ongoing.

Finally, on December 14, 2021, the Texas Supreme Court denied a DSHS request to ban delta 8 products.

The bottom line is that delta 8 remains 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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Texas

We predict that some state authorities will continue to try banning delta 8 in Texas. But we don’t expect them to succeed, given the previous failures.

What’s more likely is that Texas will legalize recreational marijuana in the coming years. If and when that happens, we expect delta 8 to become regulated in the same way.