top of page

Is Delta 8 Legal in Texas?

Delta-8 THC, a derivative of hemp, has gained significant attention in recent times, prompting many Texans to inquire about its legality. In this blog post, we will delve into the current status of Delta-8 THC legality in Texas.

is delta 8 legal in Texas: TXMMD delta 8 product samples

Defining Delta-8 THC

Before we explore its legality, let's first understand what Delta-8 THC is. Delta-8 THC is a compound found in cannabis plants that shares some psychoactive effects with Delta-9 THC, the primary psychoactive component of cannabis. However, the crucial distinction is that Delta-8 THC is derived from hemp, not marijuana, making it federally legal under the 2018 Farm Bill. This bill permits the production and sale of hemp-derived products as long as they contain less than 0.3% Delta-9 THC.

The Legal Grey Area

The heart of the matter lies in the state-level legality of Delta-8 THC in Texas. The state's laws do not explicitly address Delta-8 THC, creating a legal gray area that perplexes many.

Arguments for Legal Status

Some argue that Delta-8 THC should be considered legal in Texas because it originates from hemp, a plant category legalized by the 2018 Farm Bill. According to this perspective, Delta-8 THC falls within the boundaries of legality.

Arguments Against Legal Status

On the other hand, opposing parties contend that Delta-8 THC, with its psychoactive properties and similarity to Delta-9 THC, is illegal under Texas law. This perspective raises concerns about its status despite its hemp-derived origins.

Is Delta 8 Legal in Texas: The DSHS Statement

Adding complexity to the issue, the Texas Department of State Health Services (DSHS) issued a statement in August 2021 asserting that Delta-8 THC is illegal in Texas. According to DSHS, Delta-8 THC qualifies as a Schedule I controlled substance under Texas law due to its synthetic cannabinoid nature. This stance contradicts the argument that Delta-8 THC is lawful under the 2018 Farm Bill, which hinges on its hemp-derived status.

However, it's vital to remember that the DSHS statement is not legally binding. It represents an interpretation of the law and has not been subject to legal scrutiny in the courts. Until there is a definitive court ruling on the legality of Delta-8 THC in Texas, the situation remains uncertain.

The Upcoming Hearing: A Glimpse into Delta-8's Future

A significant development worth noting is the hearing scheduled for Tuesday, September 5, which could hold the key to the future of Delta-8 in the state of Texas.

The Background

In 2021, the Texas Department of State Health Services categorized Delta-8, along with products containing similar chemical compositions, as Schedule I controlled substances. Notable members of this category include heroin, cocaine, LSD, and PCP.

Hometown Hero’s Legal Challenge

Hometown Hero, an Austin-based manufacturer of hemp products, took a stand against the legality of the Delta-8 THC ban. Their legal team argued that the DSHS failed to adequately notify the public when it added Delta-8 THC to the controlled substances list.

The Injunction

In response, a judge granted an injunction, allowing the sale of Delta-8 products to resume while the lawsuit unfolds in the courts.

The Upcoming Hearing

Tuesday’s hearing will provide a platform for attorneys representing the state and Hometown Hero to present their cases to the judge. This pivotal moment could shape the future of Delta-8 THC in Texas, offering hope and clarity to those seeking relief.

So, is Delta 8 Legal in Texas?

The question of Delta-8 THC legality in Texas remains unanswered. While proponents cite the 2018 Farm Bill to support its legality, opponents raise concerns based on the psychoactive nature of the compound.

The hearing on September 5 promises to shed light on this complex issue, and until then, exercising caution when purchasing and using Delta-8 THC products in Texas is advisable.

If you find yourself facing criminal charges related to Delta-8 THC, it is crucial to seek guidance from an experienced criminal defense lawyer who can navigate this evolving legal landscape with expertise and empathy. Your journey to understanding and relief deserves nothing less.

15 views0 comments
bottom of page