What Is Delta 8 and Is it Legal In Texas? - Dameron Law Firm
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What Is Delta 8 and Is it Legal In Texas?

What Is Delta 8 and Is it Legal In Texas?

The popularity of minor cannabinoids such as Delta-8 THC continues to rise, but what is it, and is it legal in Texas?

Delta-8 THC is a hot topic in Texas right now, with lawmakers, law enforcement, cannabis retailers, and cannabis users all trying to get clarification on whether it’s legal or illegal. Unfortunately, it’s a huge gray area that has left many people wondering whether they’re breaking the law buying or selling Delta-8 THC products.

In the following article, we’ll take a closer look at what Delta-8 THC is, where it stands according to law enforcement, and what’s been happening both in and out of the courts lately in Texas.

 

What Is Delta-8 THC?

Delta-8 THC is one of over 100 minor cannabinoids found in both hemp and marijuana plants. We know what you’re thinking. We already know about THC. However, Delta-8 THC isn’t the same as the major cannabinoid Delta-9 THC that we all know about. Delta-8 THC is found in hemp plants in such small amounts that any Delta-8 THC products are most likely made using Delta-8 THC that was manufactured rather than harvested.

So, what does Delta-8 THC do? The easiest way to describe what Delta-8 THC is and its effects are to compare it to a light beer. Delta-9 THC is full-strength beer, and Delta-8 THC is the light beer version. For many people, regular THC products can produce feelings of anxiety and paranoia. However, Delta-8 THC is much less potent and therefore could potentially deliver the same therapeutic effects, with the negative side-effects of regular THC.

 

Is Delta-8 THC Legal In Texas?

If you asked the Texas Department of State Health, they would tell you that they consider Delta-8 THC illegal and that it has always been illegal. However, a recent ruling in court temporarily stopped Delta-8 THC from being listed on the scheduled substances list.

THC was already on Texas’ Schedule I when the Legislature gave scheduling authority to the Commissioner of Health in 1989, and it has remained on Schedule I since that time,” said Lara Anton, a Texas Department of State Health Servicesspokesperson.

As of the time of writing, the Texas Department of Public Safety, a Texas law enforcement agency, has made no arrests.

DPS will continue to base its enforcement efforts on current statute,” said Ericka Miller, a DPS spokesperson. And because there’s no law against the substance, there have been no arrests by state troopers.

So, how did all the confusion start? When the 2018 US Farm Bill made it legal to cultivate and sell products from hemp plants, they also defined the difference between hemp and marijuana. Any cannabis plant with less than 0.3% THC is considered hemp, and anything above 0.3% THC is marijuana.

In 2019, Texas passed House Bill 1325, which legalized the cultivation of hemp in Texas and also stuck with the same definition of hemp as the federal ruling. Delta-8 THC is a minor cannabinoid found in hemp and isn’t the same as Delta-9 THC, so cannabis retailers argue it’s been legal since the Farm Bill was introduced.

To try and clarify everything once and for all, on October 15th, the Texas Health Agency updated its website to say that Delta-8 THC was a Schedule I substance and therefore illegal. However, several companies immediately filed lawsuits against them, and District Judge Jan Soifer granted a temporary injunction against the agency, and the notice was removed. The matter goes to court again sometime in January 2022, and until then, Delta-8 THC exists in its legal gray area.

 

What Is Delta 8 and Is it Legal In Texas? – Conclusion

With anything as controversial and fluid as Delta-8 THC, it pays to do your own research and approach it with caution as the situation is likely to change quickly. While Delta-8 THC currently exists in a legal gray area, things can change very quickly, and it pays to be aware.

More and more, we’re seeing cannabis companies looking at minor cannabinoids, and Delta-8 THC is just one of many that are entering the cannabis marketplace.

If you have any additional questions about Delta-8 THC or would like further legal advice, then don’t hesitate to contact us.