Is Delta 8 Legal in Texas? [An Updated Guide]

Cannabis laws can be confusing. State laws vary and differ from federal laws. With so many products, it can be difficult to determine what’s legal and what’s not. Things are especially confusing concerning Delta 8 THC and laws in Texas. You may ask yourself, “Is Delta 8 legal in Texas?” It’s always important to understand cannabis laws. They will keep you out of trouble and ensure you stay on the right side of the law.

It’s especially important to understand the laws regarding Delta 8 THC in Texas. The topic fell into a gray area in the state and was the subject of a drawn-out lawsuit. There is significant confusion surrounding the topic. But don’t worry. We’ll clear the smoke about Texas law concerning Delta 8 THC and give you everything you need to know. Keep reading to find out if Delta 8 is legal in Texas.

Is Delta 8 THC Legal in Texas?

The short answer is yes, Delta 8 THC is legal in Texas. Texas lawmakers align with the 2018 Farm Bill, which sets federal law regarding industrial hemp and hemp-derived products. According to the Farm Bill, hemp-derived cannabinoids are federally legal if products containing them contain a THC (Delta 9 THC, Delta 9, D9 THC, or D9) concentration of 0.3% or less. It is important to note that hemp is a cannabis plant that does not produce euphoria, unlike the marijuana plant, which is highly euphoric.

Why Did the Texas Supreme Court Legalize Delta 8?

So how is Delta 8 legal in Texas and what was the path it took to get to that point? Hemp-derived Delta 8 products typically contain a THC concentration of 0.3% or less by dry weight. Therefore, they are legal in Texas and on a federal level. However, the interpretation of Delta 8 THC legality in Texas became confusing primarily due to the state’s existing cannabis laws and regulations. These laws did not initially address cannabinoids derived from hemp.

Before clarification, there was uncertainty regarding whether Delta 8 THC fell under the definition of legal hemp products or if it should be regulated similarly to marijuana due to its similar euphoric properties.

The issue was clarified through legal challenges and interpretations of existing state marijuana laws. Ultimately, this led to the Texas Supreme Court’s decision to affirm Delta 8’s legality under state regulations governing hemp and THC content.

The court reasoned that under the Texas Health and Safety Code, hemp and its derivatives, including Delta 8 THC derived from hemp, are distinct from marijuana and its psychoactive compounds. This distinction allowed Delta 8 THC to be classified as legal in Texas, aligning with federal guidelines that distinguish hemp from marijuana based on THC content.

The Texas Department of State Health Services (DSHS) asked the Texas Supreme Court to reinstate the ban, but the injunction has held up so far. However, there is always a threat that someone will challenge the injunction and put Delta 8 THC in a precarious position. Enthusiasts should stay posted on DSHS updates to ensure they align with the law.

What is Delta 8 THC?

Delta 8 THC is an extremely rare natural cannabinoid found in cannabis plants. Less than 1% of a hemp plant (Cannabis sativa) contains Delta 8. Sufficient amounts of the cannabinoid are derived semi-synthetically from CBD (Cannabidiol), an abundant hemp plant cannabinoid. Safe and clean conversion methods turn CBD into Delta 8 to create an ample supply of the cannabinoid for consumer enjoyment.

Delta 8 THC belongs to a family of other Delta cannabinoids that include Delta 9 and Delta 10. It differs from these cannabinoids in its chemical structure. Delta 8 has a double bond on the 8th carbon atom. Delta 9 has a double bond on the 9th carbon atom, and Delta 10 has a double bond on the 10th carbon atom.

The location of the double bond may not seem like much, but it makes a difference in Delta 8’s effects. It reduces its binding affinity with cannabinoid receptors in the body’s endocannabinoid system or ECS. Therefore, it is less potent than Delta 9 and slightly more potent than Delta 10.

How Does Delta 8 Work With Your Body?

Delta 8 THC works by interacting with your ECS, an internal network of cell-signaling receptors that help optimize several important biological processes. These processes include mood, memory, appetite, digestion, mobility, sexual health, and sleep.

Like medical marijuana, Delta 8 may hold some therapeutic potential. It provides many of the benefits of other consumable hemp products.

The benefits of Delta 8 include the following:

• Promotes Relaxation. Delta 8 helps to reduce stress and anxiousness, promoting an overall sense of calm.
• Physical Discomfort Relief and Mobility Support. The cannabinoid interacts with CB2 receptors to reduce sensations of discomfort and ease joint issues, helping to support mobility.
• Elevates Appetite. Like THC, Delta 8 helps to stimulate appetite. It enhances the senses so food smells and tastes better. D8 also stimulates the production of ghrelin, which promotes hunger. It may be a beneficial treatment for people with a reduced appetite due to certain health issues.
• Supports Sleep. Delta 8’s ability to promote relaxation makes it useful for sleep support. It may also address certain sleep issues.

Why Is Delta 8 Popular These Days?

Consumers prefer Delta 8 because it provides mild euphoria that is more manageable than THC, along with physically soothing and mentally calming effects. Most Delta 8 enthusiasts agree that when taken responsibly, Delta 8 is ideal for soothing relaxation and increasing wellness without sending you over the edge.

Where To Buy Delta 8 in Texas Online

Delta 8 is an excellent way to enjoy consumable hemp products without intense psychoactive effects, but it’s important to purchase it from a trusted retailer. A reputable brand will use lab testing for optimal transparency. It will also provide products that stand out for their purity and potency.

BudPop is a brand you can count on. We carry a wide variety of popular Delta 8 products. Our line includes:

• Delta 8 THC Gummies. Available in assorted flavors and strengths.
• Delta 8 THC Oil. Available in plain or flavored varieties.
• Delta 8 THC Vape Cartridges. Universal compatibility with standard 510-thread vape pens.
• Delta 8 THC Disposable Vapes. Pre-charged and pre-filled, ready to vape right out of the box with draw-activated technology for effortless pulls.

Our commitment to lab testing, all-natural ingredients, top-shelf products, and excellent customer service have made us a leader in the hemp industry. All our Delta 8 products are legal in Texas and Farm Bill-approved. Our verified customer reviews speak for themselves! Give our D8 products a try and find out what all the fuss is about.

FAQs on Delta 8 Legality in Texas

How Is Delta 8 Legal in Texas?

Delta 8 products are legal in Texas as long as they are hemp-derived and contain less than 0.3% THC on a dry-weight basis.

Is Delta 8 Still Legal in Texas?

Yes, Delta 8 is still legal in the state of Texas as of July 2024.

Can I Buy Delta 8 Online in Texas?

Yes, Texas residents can purchase Delta 8 online. It is legal to ship, sell, and purchase in the Lone Star State.

Is It Okay to Smoke Delta 8 in Public in Texas if It Is Legal?

No, smoking Delta 8 products in public is not legal in Texas. It is even illegal in some states with legal recreational marijuana. You must smoke consumable cannabis products in private areas or those designated for cannabis use.

Can You Fly Out of Texas With Delta 8?

Yes, you can fly out of Texas with Delta 8 THC. However, you must ensure Delta 8 is legal in your destination state. The Transportation Security Administration does not specifically look for Delta 8 products when they screen fliers. However, if they find you possess cannabis products of any kind in your luggage, they will report it to law enforcement. If you are carrying legal Delta 8 hemp products, it is unlikely you will get fined or arrested, but the Texas TSA may confiscate the product. It is best to leave anything that may be considered controlled substances at home.

Does Delta 8 show up in drug testing?

Yes, Delta 8 will show up on a drug test. Although legal Delta 8 products contain only trace amounts of THC (0.3% or less), the cannabinoid itself is a THC analog. This means that it possesses a chemical structure that is very similar to THC. And since most drug tests check for the presence of THC, Delta 8 may end up triggering a false positive. It is best to avoid consuming all forms of cannabis products if there is a drug test in the future.

Where Is Smoking Allowed in Texas?

You may smoke Delta 8 and other legal hemp products in private areas and places designated for hemp consumption. If you smoke in other areas, your activities will be considered illegal, and you may be fined or arrested.

Final Thoughts – Is Delta 8 Legal in Texas? [An Updated Guide]

Hemp-derived Delta 8 is legal in the state of Texas. It is legal on a federal level if it is hemp-derived and contains 0.3% or less THC on a dry-weight basis. However, there is a high potential for current laws to be overturned at any moment. Pay attention to Department of State Health regulations to ensure you consume legal hemp.

If you choose to indulge, buy your products from a trustworthy brand. Choose a brand that uses lab testing and has stellar customer and expert reviews. Doing so will enable you to enjoy Delta 8 products legally. For the best legal products containing Delta 8 THC online, visit our very own D8 Shop. You’ll find everything from gummies, tinctures, flower, and vapes!