In states like Texas, where delta-9 products containing over .3% of THC are considered illegal, a reasonably new cannabinoid known as delta-8 has entered the market. Delta-8 products include less than .3% of delta-9 THC, which deems it federally legal in Texas and has escalated in popularity because of its similar psychoactive effects to delta-9. To the Texas department of state, it’s agreed that delta-8 is considered a “loophole” from the legal battle of keeping it off the list of controlled substances.
Legal Status of Delta-8 in Texas
Although it is legal, the Texas delta-8 industry is still a gray area that is constantly being contested in court. No laws prohibit the usage of hemp-derived products, but at the same time, there are no laws that allow it. In October of 2021, The texas department of state health published an article on their official website that delta-8 is, in fact, a Schedule 1 substance, claiming it is illegal.
This article infuriated companies who work with hemp-derived CBD and hemp products. Because of this, it was challenged in court with the acknowledgment that this claim completely contradicted the current state and federal laws on hemp. The 2018 farm bill passed in court completely legalized the cultivation of hemp that contains no more than .3 % THC, and delta-8 products fall into this category.
Will Delta-8 continue to be legal in Texas?
With the extreme confusion of the current Texas delta 8 industry, you may be wondering if it will continue to be legal in the coming times. As mentioned, it’s still being argued in court by opposing and supporting parties to keep it legal or label it as illegal. HB 2593 and HB 3948 were two bills introduced to the Texas Supreme Court which was an attempt to ban Delta-8 tetrahydrocannabinol; both failed.
Still, there’s a massive certainty that lawmakers will continue to make an effort to treat hemp products precisely the same as cannabis plant-derived goods- and we hemp enthusiasts will keep bringing on the fight.
Can legal troubles arise for Delta-8 consumers in Texas?
Because delta-8 is indistinguishable from delta-9 unless the process of lab testing is completed, it is challenging to prove to a police officer that what you carry contains less than the illegal percentage of 0.3 delta-9 THC. Fortunately, according to the Texas Tribune, to this day, there have been no arrests regarding the usage, possession, or distribution of delta-8 products in Texas.
Since there has been no motive for placing arrests on delta-8 consumers and distributors, that does not mean that everyone can use it. If you are out on bond, have a parole condition, or are on probation, you’re technically not allowed to experience the benefits, consume or possess any cannabinoids. In these cases, you can be placed under arrest, revoked, and sentenced for what is considered a legal substance.
Will Delta-8 induce a failed drug test in Texas?
The consumption of delta-8 products can induce a failed drug test when tested for THC. Drug testing companies have still not created a method to distinguish the differences between delta-8 and delta-9 cannabinoids. So if you know you’re going to be drug tested for a job, your legal status, etc., it is recommended that you do not consume any delta-8 products for the time being to avoid any issues.
Are there any limits on Delta-8 in Texas?
To comply completely with the limitations of the 2018 Farm Bill signed by the Trump Administration and the U.S. Department of Agriculture (USDA), some rules have been placed regarding delta-8 in Texas. These are the principal regulations that must be followed:
- The hemp used for product production cannot contain more than .3% of delta-9 THC (per section 10113 of the Farm Bill)
- You must be 21 years of age or older to possess, consume, or purchase Delta-8 products
- You can use, buy, and possess any delta-8 product without fearing penalty or legal obstruction
- You can purchase delta-8 products online
- Delta-10 and CBD products are also permitted to possess or consume in Texas, along with delta-8
- You can travel into Texas with delta-8 products in your possession
What are my consumption options in Texas?
Delta-8 products are available for consumption in numerous ways. From edibles, disposables, and cartridges to on-the-go liquid shots and tinctures, the list goes on and on- providing every hemp consumer the ability to experience the benefits of delta-8 products at their consumption preferences.
Where can you start in Texas?
A great place to start your delta-8 experience is right here with us at D8Gas. We offer various collections of premium, top-tier products from numerous reliable, extremely popular brands like Cake, Runtz, Packwoods, and many more. We can assure delightful hemp experiences with any of the products we offer. Some of the most popular product options include:
- Rocket Fuel Delta 8 Gummies: Looking for bite-sized gourmet-style treats that will please your palate and ease your mind? Look no further than Rocket Fuel gummies! These gummies come in a pack of 20 inside a glass jar with a total of 500mg of delta 8 THC. Select from fruit flavors such as Watermelon and Mango.
- Canna River Delta 8 + Delta 10 Disposable: Do you prefer to smoke delta-8 with a disposable instead of consuming edibles? Canna River has got you covered! Canna River is a highly sought-after product due to its flavor profiles and potency. These disposables come in classic strains such as Green Crack to the new and popular Watermelon Zkittles. Each disposable contains 2.5 grams of infused delta 8 and delta 10 distillate.
- Urb Delta 8 Caviar Flower 7g: Prefer to break some buds down and roll your own? Urb has your back. Known for cultivating the most premium flower in the Delta industry, Urb will surprise you with the appearance and potency of their flower. These come in palate-pleasing potent strains such as Banana Runtz and Guava Kush.
Because of the boom in popularity of delta 8, we’re sure to carry a product you’ll love. If these options may not be what you prefer, there are plenty of options to choose from at D8Gas, where you can also explore more information about delta 8 and a bunch of other great products.