February 21, 2021 6 min read

Hemp-derived Delta-8-THC is legal according to federal law, and many states have broadly legalized hemp as well. Is Delta-8-THC legal in Texas? And if so, where can you find some for yourself?

Luckily, Texas has amended state laws to fully legalize hemp and all hemp-derivatives. The new Controlled Substances laws make a specific exemption for THC’s derived from hemp, which means Delta-8-THC is legal in Texas.

Here are the Texas Delta-8 laws you need to know before you buy:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Texas Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Texas?
Delta-8-THC Possession Limits in Texas
Is Delta-9-THC Legal in Texas?
Where to Buy Delta-8 in Texas
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Texas has legalized hemp using the same definition as federal law. The state also amended the Controlled Substances Act to remove THC’s derived from hemp. That means Delta-8-THC is legal in Texas.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Texas, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

An example of hemp plants in full bloom, just before harvested and used to make federally legal Delta-8-THC products.

Texas Delta 8 THC Laws

Texas updated their hemp laws shortly after the 2018 Farm Bill became federal law. In Texas, CBD is legal, as are other hemp derivatives.

The state defines hemp similarly to federal law, as any Cannabis Sativa material containing less than 0.3% Delta-9-THC. That includes all cannabinoids, acids, isomers, salts, and salts of isomers.

Amendments to state law also clearly separate “hemp” from “marijuana.” The Controlled Substances Act was amended to make a specific exemption for hemp and hemp products. By these laws, Delta-8-THC is legal in Texas.

Here’s some snippets from the official text:

TITLE 5. SUBTITLE F. - HEMP

Sec. 121.001. DEFINITION.

“hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

TITLE 6. SUBTITLE C. - SUBSTANCE ABUSE REGULATION AND CRIMES

Sec. 481.002. DEFINITIONS.

(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.

(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(E) the sterilized seeds of the plant that are incapable of beginning germination; or

(F) hemp, as that term is defined by Section 121.001, Agriculture Code.

Is Delta-8 a Controlled Substance in Texas?

No. Texas amended the Controlled Substances Act to specifically declare that the term “Controlled Substances...does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.”

That means that Delta-8-THC derived from legal hemp material is not classified as a Controlled Substance in Texas.

Delta 8 THC Possession Limits in Texas

Texas treats hemp as an agricultural commodity, and there are no specific possession limits in place for hemp or hemp-derived products, like Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Texas?

No. Cannabis is illegal for recreational use in Texas. Only low-THC formulas have been approved on a limited basis for qualifying patients in the state, and there is no medical cannabis program in place for regular Delta-9 products.

In Texas, possession of less than 2 ounces of cannabis is considered a Class B misdemeanor, which is punishable by up to 180 days in jail and/or fines reaching up to $2,000.

Where to Buy Delta 8 in Texas?

A selection of vape pens filled with Delta-8-THC oil, a popular product available online and in stores.

In Texas, hemp products can be manufactured and marketed without much regulations. The same is true for many local states, like Oklahoma, Louisiana, and New Mexico. That means you may find Delta-8-THC in stores across the local area, but you should be wary of product quality.

While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Texas?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Texas according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “AGRICULTURE CODE, TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS. SUBTITLE F. HEMP. CHAPTER 121. STATE HEMP PRODUCTION PLAN” https://statutes.capitol.texas.gov/Docs/AG/htm/AG.121.htm#121.001
  5. “HEALTH AND SAFETY CODE. TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES. SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES. CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT” https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
  6. “Texas Marijuana Laws” https://statelaws.findlaw.com/texas-law/texas-marijuana-laws.html

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