Is Delta-8 Legal in Texas?
One look at hemp product websites is enough to tell you just how popular Delta-8 has become. It is used in oils, gummies, tinctures, and many other items. People have started using this compound as a way to experience some of the benefits of THC without dealing with the intense high given by Delta-9.
In terms of legality, things can be a bit confusing, especially if you keep seeing or hearing contradicting information. If you live in Texas, you might not be aware of whether Delta-8 is legal or not. Each state has its own regulations for THC, and what is legal in one state might not be legal in another.
So, is Delta-8 legal in Texas? Whether you’re interested in the effects of Delta-8 THC, or you just want to be up to date with the laws in Texas, this post will tell you everything you should know regarding the legality of Delta-8 in the state.
What Made Delta-8 THC so Popular?
Delta-8 has become one of the most wanted compounds in hemp-derived products. This cannabinoid is a great way to use THC more mildly.
Delta-8 is referred to as the “nicer younger sibling” of Delta-9. According to research, Delta-8 can offer pretty much the same benefits as Delta-9, but without so many side effects.  This is one of the reasons why this cannabinoid gained so much popularity over the years.
Aside from that, many see it as a legal alternative to marijuana. While the legality of hemp products has been questioned many times, it is known that marijuana is not legal on a federal level now. For this reason, many are trying to take advantage of some of its effects by using Delta-8 THC.
Delta-8 also has several benefits, especially when used to treat various problems. Studies have shown that many individuals take Delta-8 THC to treat different medical conditions and issues, like stress, panic attacks, chronic pain, bipolar disorder, depression, and many others.  So, it’s safe to say that Delta-8 has also become popular thanks to these advantages.
Is Delta-8 THC Legal in Texas?
There is good news for those interested in Delta-8 THC in the state of Texas: the cannabinoid is legal here. So, you can use Delta-8 products without fearing that you will get in trouble.
However, you must be very careful when selecting the products and the brand you buy from, as there are still some laws to be wary of for Delta-8 THC. Although it is legal, this only applies to Delta-8 sourced from hemp. If we are talking about Delta-8 sourced from marijuana, then this is not legal.
Actually, Texas is one of the states with the harshest laws when it comes to cannabis, particularly marijuana. You can get severely punished if you are ever caught with marijuana in the state.
For instance, you can get up to 180 days in jail and a $2,000 fine if you are found with up to 2 ounces of marijuana. But if you have more than 2 ounces on you, you will do one year in county prison along with getting a $4,000 fine.
Thus, any product that uses marijuana-derived Delta-8 is a no-no. You should only purchase Delta-8 THC products from brands that are transparent about their practices and only use hemp Delta-8.
But there is also one more aspect that determines the legality of Delta-8 THC in Texas, respectively the amount of THC in your product. Under the farm bill, products shouldn’t contain more than 0.3% THC to be legal. Anything that exceeds this amount will be against the law.
Despite the regulations, Texans are lucky. They are still legally allowed to get Delta-8 products. Meanwhile, other states are less fortunate, as some have chosen to ban the compound.
Will Delta-8 Stay Legal in Texas?
The legal status of Delta-8 THC in Texas makes many breathe a sigh of relief. But just because it’s accessible right now it doesn’t mean things will stay the same. In fact, there have been several attempts to ban the cannabinoid in the state, attempts which have been unsuccessful so far. Of course, things don’t stop here, because those who are against Delta-8 are quite perseverant.
The legality of Delta-8 THC is still being debated in court. There were two bills that could have made Delta-8 illegal in the Texas House, respectively HB 2593 and HB 3948. The former involved criminal penalties for possessing particular tetrahydrocannabinols under the Controlled Substance Act from Texas. The latter involved the hemp and consumable hemp items production and regulation, and administrative penalties plus criminal offenses for these.  
A while ago, the Texas Department of State Health Services attempted to ban Delta-8 THC sales in the state. This stopped cannabinoid sales in Texas for a while. All of this happened when Texas businesses were already struggling due to the effect of the pandemic.
Last year in October, the DSHS suddenly said that Delta-8 THC is a Schedule I controlled substance. Therefore, they tried to underline that it is not legal in Texas. The DSHS request to ban Delta-8 THC was denied by the Texas Supreme Court, though. 
Not only that, but a few months ago, U.S. Rep. Chellie Pingree, D-Maine attempted to introduce a federal law that limited the amount of Delta-8 THC content in products.
This federal bill proposed that all hemp products should be capped at a low percentage of THC, including all types of THC. According to Pingree, the Hemp Advancement Act of 2022 would get rid of unworkable testing requirements and protect consumers while setting decent THC thresholds for hemp producers. It would also put an end to the policy that discriminates by banning drug-convicted individuals from growing hemp legally.
This proposal didn’t make Texas hemp companies happy. According to them, it would be challenging to meet the new THC limits, as it would require harvesting the plants before they reach maturity. The Texas Hemp Growers industry group said that this new bill would completely ruin the hemp market. 
There was another incident where some people were arguing that only natural Delta-8 should be legal, while synthetic THC should be banned.
Even though Delta-8 is one of the over 100 cannabinoids that occur naturally in cannabis, it does so in very small amounts. So, it would be quite difficult to get enough Delta-8 THC, leading manufacturers to make Delta-8 synthetically. 
However, the Ninth Circuit ruled that Delta-8 THC products are legal under the Farm Bill from 2018. 
The Confusion Created by the Farm Bill
If you were already into hemp products back in 2018, perhaps you remember the confusion caused by the Federal Farm Bill. The bill established that hemp-derived products such as those that have CBD are legal on a federal level as long as they do not exceed 0.3% of THC. Those in the hemp industry were allowed to sell hemp if it contained less than 0.3% of THC. 
Once this happened, various Texas hemp stores started selling Delta-8 THC products derived from hemp. As they are not derived from marijuana, many people live under the impression that they cannot get high from it. However, the substance is still psychoactive, even if it’s friendlier compared to its Delta-9 cousin.
The Department of Health and Human Services then came out saying that Delta-8 was actually classified as a Schedule I substance. Delta-8 is still legal as of now, though.
Where Can You Purchase Delta-8 THC in Texas?
Delta 8 Texas laws let you use the substance legally, but where can you find these products?
There are many local Texas stores, dispensaries, gas stations, and wellness centers that sell Delta-8 THC. So, it is pretty easy to find if you are interested in it.
But perhaps the most popular option is to order Delta-8 THC online from companies that offer quality Delta-8 THC and that respect the laws surrounding the cannabinoid.
It’s much safer to purchase Delta-8 THC online, and you also have a larger variety of products to choose from. You can find gummies, oils, capsules, and many other products infused with Delta-8.
Moreover, you might find these products at better prices. Most reputable Delta-8 brands will offer nice deals and discounts for first-time buyers or during different times of the year. And if you are a loyal customer, you can even enjoy reward programs.
On the other hand, you might want to stay away from local retailers because they do not know how to recognize high-quality Delta-8 THC. They might also have higher prices. It’s only recommended to buy from these retailers if it’s your only option at the moment.
To find the best online shops for Delta-8 THC, make sure to compare them and their products. See which one has a larger selection, which one has better prices and deals, and which one is transparent regarding their practices and the ingredients in their products.
Does Delta-8 Make You Fail Drug Tests?
Taking a drug test after using Delta-8 can make you fail it. This is mainly because the test cannot tell the difference between Delta-8 and Delta-9. If you use any product with Delta-8 THC in it, especially in higher amounts, you can expect the tests to detect it.
Yes, the substance is legal in Texas for now. Still, it’s best not to use Delta-8 before going to work or if you know you’ll be tested, as it can get you in trouble.
Does Possession and Consumption of Delta-8 THC Get You Arrested?
Delta-8 can be intoxicating. If you use too much of it, it can alter your thinking, behavior, and reactions. So, even if Delta-8 is legal, this will not stop Texas officers from arresting you if you’ve been driving under the influence – especially if you are tested and Delta-8 is found in your system following chaotic driving behavior.
Besides, if you are on bond or probation, you might not be allowed to possess or use cannabinoids. Moreover, if you have a parole condition that doesn’t allow cannabinoid use, you can get arrested for it.
As for possession, you shouldn’t be arrested for Delta-8 THC, but it depends on the situation. If the authorities find Delta-8 cannabis in your possession, they might try to charge you as it is hard to tell the difference between it and Delta-9 cannabis. Only laboratory examination can reveal the type of THC. However, the officers can arrest you if they think your Delta-8 cannabis is marijuana-derived Delta-9.
Ideally, you should always make sure to purchase Delta-8 from registered and reliable companies that sell products made from hemp that doesn’t exceed the 0.3% of THC required by law. Moreover, you should only consume Delta-8 products when you do not have to engage in important activities such as driving, operating heavy machinery, and so on.
Delta-8 is legal in Texas right now, despite multiple attempts to ban it. However, it’s only legal if it’s derived from hemp and contains less than 0.3% THC. For now, it’s completely okay to use these products, but it’s always recommended to keep an eye on the news. With so many attempts to make Delta-8 illegal, there are chances of the same people trying to ban it once again. Things can change very quickly.
If you like Delta-8 THC, make sure to only use it in safe amounts. Talk to your doctor beforehand if you want to use it for medical conditions, and don’t consume it before engaging in dangerous tasks. It’s legal in Texas, yet psychoactive.
3. HB 2593
4. HB 3948