Do you have many questions in your head like, is Delta 8 THC legal in Texas? What is Delta 8? Is marijuana legal in Texas? What are the benefits of Delta 8? If yes, then you clicked on the right tab. In this article, we are going to tell you about the legality of Delta 8 in Texas along with all the recent changes. Stay tuned!

Is Delta 8 THC Legal in Texas?

Yes. For now, Delta 8 is legal in Texas, but there are certain restrictions. Just like the federal law, hemp products in Texas shall contain only 0.3% Delta 9 THC but the law does not say anything regarding the concentration of Delta 8 so for now it is legal in texas. But a legal battle is going on between the Texas Department of State Health Services and Hometown Hero (Hemp product manufacturer) regarding the legality of Delta 8. Delta 8 THC is only legal because of a temporary injunction and there is a severe need for Delta 8 Texas law to settle this matter.

The Background

Just like all the other states, Texas is also trying to give a clear answer to the question, is Delta 8 THC legal in Texas, and for this purpose, they are making various laws and regulations.

In June 2019, Texas signed the Hemp Farming Act which stated that “Hemp products” are those products that are derived from the hemp plant, and the final product contains 0.3% or less Delta 9 THC. The product can be available in the form of cosmetics, skin care products, edibles for humans and animals, fiber, cloth, paint, fuel, plastics, paper, particleboard, cordage, and any other product that contains one or more cannabinoids.

This law did not say anything about Delta 8 or its concentration which made Delta 8 legal in Texas.

The Legal Battle

Texas had just resolved the issue of, is Delta 8 THC is legal in Texas, in April and May 2021, two Senate Bills were introduced by the legislators to ban Delta 8 THC in Texas but they were not passed.

Later, the Texas Department of State Health Services made headlines in October 2021 by releasing a statement saying that, in Texas, Delta 8 is a controlled substance. The main intention was to ban Delta 8 THC in Texas.

The hemp-derived products manufacturing company, Hometown Hero, filed a lawsuit against this statement. The judges gave a temporary injunction which gave temporary legality to Delta 8 in Texas.

Finally, on 14th December 2021, The Texas Supreme Court denied the request of the Texas Department of State Health Services to ban Delta 8 THC in Texas. For the time being, this judgment has resolved the issue of, is Delta 8 THC is legal in Texas, but the government needs to make clear and strict laws, leaving no loopholes

Delta 8 THC: What is it?

Delta 8 THC is derived from the hemp plant. It is similar to Delta 9, just a milder version of it. It is a psychoactive and intoxicating substance, which means that it can make you feel high and euphoric. Delta 8 can be harmful to pets and children, you should keep it away from them.

Unlike Delta 9, it does not make you feel anxious or rushed. It just helps you relax your body and release all the stress. This THC has the following health benefits.

• Delta 8 can help you release stress and tension without giving you paranoia and anxiety, like Delta 9 THC.
• It helps in boosting your appetite.
• It helps you cure your muscle and joint pain and sourness.
• Delta 8 gives you a better and smoother experience where you can actually enjoy being high without being completely unconscious.
• Delta 8 is best for good sleep.
• It cures nausea and vomiting.
• It has antiemetic properties which result in good digestion.

Delta 8 THC: Why is it Legal Under Federal Law? 

Delta 8 is legal only because federal law does not actually say that it is illegal. As per the Farm Bill, 2018, hemp products can only contain 0.3% of Delta 9 THC. But it does not say anything about Delta 8.

Though the federal government allows the states to make their own laws regarding hemp and hemp products and in the last 2 years, many states have taken major steps in making their own hemp laws.

States Where Delta 8 THC is Illegal

All the states are free to make their own hemp laws. Delta 8 is legal in most states but still, it is illegal in 14 states. These states include Alaska, Colorado, Delaware, Idaho, Lowa, Montana, New York, Nevada, North Dakota, Oregon, Vermont, Washington, Rhode Island, and Utah.

Future of Delta 8 in Texas

Until there is no proper and clear Delta 8 Texas law, the future of Delta 8 in Texas will be vivid. For now, the judgment of Hometown Hero Vs DSHS has settled the issue but the government needs to make a concrete law and then enforce it properly so that they can regulate Delta 8 instead of banning it completely.

Also Read: Delta 8 is Legal in Pennsylvania? (The Ins & Outs of All the Laws)

At Last

For now, the issue of Delta 8 THC legal in Texas is resolved but there is no permanent seal on it. The government should make a proper law where just like other states, it can define the concentration of Delta 8 in hemp products instead of banning it.

Delta 8 has several health benefits, it cures muscle and joint pain, depression, anxiety, etc. A permanent ban on it would be unfair to the people. The government should try to regulate Delta 8 and not ban it.

FAQs: Frequently Asked Questions

Q1- Can I still buy delta-8 in Texas?

Yes. For now, Delta 8 is still legal in Texas so you can buy Delta 8 products. You can buy them both online and offline. Make sure that you buy the best Delta 8 products only from reputed brands so that you get your hands only on good quality products.

Q2- Is weed illegal in texas?

The Texas Supreme Court denied the request of the Texas Department of State Health Services to ban Texas Delta 8. So for now you can buy hemp-derived products in Texas.

Q3- Do Texas gas stations sell delta-8?

Yes. But we would suggest you not buy products from the gas stations. Most of the gas stations have bad-quality products. The products do not contain the amount of Delta 8 that they claim. A study showed that 40% of gas station products do not contain the concentration of cannabinoids that they claim.