Is Delta-8 Legal in Texas?

Delta-8 THC is a cannabinoid that derives from the cannabis plant – similar to other popular cannabinoids, such as cannabidiol (CBD) or cannabigerol (CBG). However, the cannabis plant only contains trace amounts of delta-8 THC.

In turn, manufacturers must put CBD through a synthesized process in order to obtain the proper serving size of delta-8. And they’ve been doing so for one simple reason: delta-8 THC gets you “high.”

Since it has such a similar chemical makeup to delta-9 THC – the cannabinoid that made cannabis famous for its psychoactive effects – delta-8 also provides users with similar feelings of relaxation and euphoria. However, these effects are admittedly less powerful than delta-9. Ultimately providing users with a more mellow “high.”

Still, even with less potency, delta-8 has grown in popularity across the United States. And that’s due to the fact that on a federal level, it’s technically legal.

Under U.S. law, all hemp-derived products are federally legal as long as they contain less than 0.3% delta-9 THC. And delta-8 THC remains under those restrictions.

In turn, delta-8’s popularity is largely restricted to states where delta-9 THC remains medically and/or recreationally illegal, including in Texas.

As of this time, delta-8 THC is legal in Texas. In other words, no laws currently stand that ban the possession or sale of delta-8 products within the Lone Star State.

Still, there are also no known laws proclaiming the legalization of delta-8 use. In turn, delta-8 remains in a legal grey area in Texas which has been questioned in a court of law.

In 2021, the Texas Department of Health and Human Services (DSHS) claimed that delta-8 THC was a Schedule I substance and, therefore, illegal. These claims were met with lawsuits, namely from delta-8 suppliers.

As an immediate response, delta-8 retailers received a temporary injunction, allowing for the sale of delta-8 products.

This injunction was supposed to end upon a final hearing in January 2022. However, since this hearing was canceled, the injunction never ended and delta-8 products remain legal in Texas.

Since delta-8 products are so similar to other illegal THC products, law enforcement may make mistakes and falsely arrest you for possession of delta-8 products. However, beyond these confusions, there are some genuine legal aspects to delta-8 to keep in mind.

To begin, if you are on bond, probation, or parole, you are not authorized to possess ANY cannabinoid product, including CBD. Therefore, under such circumstances, you can be arrested for possession of delta-8 THC.

Furthermore, it remains illegal to operate a motor vehicle while under the influence of delta-8 THC. Such circumstances can lead to an arrest and a State-issued DUI.

While delta-8 THC is legal in Texas right now, we recommend keeping up-to-date with the law. Since bills have been introduced to criminalize the substance, there’s a good chance further bills will continue to appear.

Naturally, these bills will be met with backlash – largely from delta-8 retailers. However, just because they’ll be met with backlash doesn’t mean they won’t be successful.

Keeping up-to-date on Texas law will ensure you remain within your legal limits and don’t take any risks of prosecution.