Is Delta 8 Legal in Texas?

The Texas Department of State Health Services (DSHS) recently asked the Texas Supreme Court to intervene and reinstate the product ban on delta-8, but the superior court rejected the request. This means that, for now, delta-8 is legal in Texas. The list of controlled substances is available on the DSHS website and includes a vague statement about “marijuana extracts”. A Travis County judge temporarily prevented the state from including delta-8 as a Schedule I drug, making it illegal.

Cannabis extract has become popular because users say it produces the “high effect” of marijuana. Generally, if a state allows recreational use of THC delta 9, they set a specific limit on the amount of the substance you can carry with you at one time. Because of hemp's legal status at the federal level, all plant-derived compounds (except THC) are fully legal, including delta 8.It's true that delta-8 THC is psychoactive, and if your goal is to stop access to psychoactive substances (and you've ignored the entire history of the war on drugs), banning it would make sense. Delta-8, the popular cannabis extract that was recently and suddenly banned in Texas, is temporarily back legal.

This was due to the passing of a specific definition of hemp and removing hemp (and THC derived from hemp) from the list of controlled substances, provided that the final product contains less than 0.3% of THC delta-9. Sky Marketing Corporation, which operates as Hometown Hero, is fighting Texas and its decision to ban delta-8 and classify it as a Schedule I controlled substance. Delta Remedys gummies undergo third-party laboratory tests and the results are published on their website for each batch of gummies manufactured. Delta-8, a compound found naturally in small amounts in hemp, is often a laboratory-produced cannabis derivative.

Many of you have heard of Delta 9 THC, the molecule that has gained the most publicity in recent years regarding the legalization of cannabis and its products. Specifically, Delta 8 has the double bond in the eighth carbon chain, while Delta 9 has the double bond in the ninth carbon chain. Confusion over whether or not the sale of delta-8 was legal became such a problem two years after the state hemp bill was passed in October. Although Delta 9 is federally illegal, states can establish their own laws and restrictions within state boundaries.

As a result, delta-8 is not classified as a controlled substance and companies can legally sell hemp-derived delta-8 with less than 0.3% THC. The Farm Law—and the amendments made to Texas law to comply with it—defines “hemp” in a way that implicitly includes delta-8, so it should be legal under that legislation. However, others suggest that “synthetic in origin” does not apply here since neither hemp-derived CBD nor delta-8 is strictly an artificial chemical substance.

Cédric Yoho
Cédric Yoho

Wannabe twitter lover. Amateur coffee advocate. Award-winning travel aficionado. Hipster-friendly twitter lover. Lifelong social media enthusiast.