If you’re interested in finding out if Delta-8 THC is legal in Texas, you’ve come to the right place. Although it is a Schedule I controlled substance, it’s derived from hemp and is perfectly legal for both buyers and sellers. If you have a medical condition or are just curious about the legal status of this cannabinoid, read this article to learn more.
Delta-8 THC is a cannabinoid
Despite the widespread use of marijuana, delta-8 THC is not the same as its psychoactive cousin, Delta-9 THC. Delta-8 THC is considered relatively safe to consume in small amounts, though it is not without its risks. Manufacturers of delta-8 THC products sometimes use household chemicals to make it, resulting in potentially harmful by-products and other contaminants. In addition, the product’s effects are not yet well-studied.
While CBD and other cannabinoids are effective at treating pain, anxiety, and nausea, Delta-8 THC has a low psychoactive effect. Moreover, high doses of THC can have negative side effects, such as impaired cognition and increased anxiety. As a result, people with medical conditions may want to try Delta-8 THC to treat their symptoms. In addition to reducing their pain, this cannabinoid may also have other benefits for both recreational and medical consumers.
The FDA has published a consumer update on its website with a public health warning on delta-8 THC. Although delta-9 THC is more well-known as a psychoactive cannabinoid, delta-8 THC is a less potent and chemically stable alternative with research-backed benefits. This fact has led to the widespread proliferation of delta-8 THC products in the market.
While most products contain delta-8 THC, not all of them have been tested or approved by the Food and Drug Administration (FDA). Therefore, consumers should always use these products responsibly. As with any cannabinoid, the form of ingestion can affect one’s health. For example, smokers can enjoy the benefits of vape pens, while those who are not new to the product may prefer to use joints.
It is a Schedule I controlled substance
Regardless of its medicinal value, Delta-8 is illegal in Texas and carries a felony conviction, with a maximum prison sentence of two years and a $10,000 fine. Recently, a woman in Bryan was arrested for possessing Delta-8. Although it is illegal in Texas, you can still find it sold in stores. If you find it, make sure it is tightly sealed before driving home. According to Falls, a KBTX reporter, law enforcement is urging people not to consume it.
In a recent update of its guidelines for hemp producers, the Texas Department of State Health Services announced that Delta-8 THC is a Schedule I drug. This comes a few days after a woman was arrested in College Station on suspicion of possessing a cartridge containing Delta-8 THC concentrate. But, the new ruling may still make it illegal in Texas. But it will not make it easier to sell Delta-8.
In August 2018, Congress passed a comprehensive hemp law overhaul, making hemp legal in Texas at 0.3 percent Delta-9 THC. In addition to hemp cultivation, the state’s legislature passed a bill allowing the production, distribution, and sale of hemp-derived products. The Farm Bill also allows the production, distribution, and sale of hemp, including Delta-8 THC. Before the Farm Bill passed, tetrahydrocannabinols in hemp were illegal and a Schedule I substance in Texas.
Delta-8 as a Schedule I Drug
The state government also approved a new version of its Consumable Hemp Program in February, which legalized the sale of hemp products containing less than 0.3% delta-9 THC. But the Texas Department of State Health rejected the changes in the Federal Farm Bill and officially maintained Delta-8 as a Schedule I drug. In the meantime, manufacturers are waiting for further clarity from the state government. And while it might be the best time to make a decision, they are unable to sell Delta-8 tetrahydrocannabinol products unless they contain less than 0.3% of delta-9 THC.
It is derived from hemp
The federal government has not yet declared delta-8 THC illegal under its new “designer drugs” program. But it’s possible that states may do so as a result of the farm bill’s language. It’s possible, for instance, that producers will only sell delta-8 to states where it is legal, even if it’s illegal to do so. Until then, the loophole in federal law will remain, and producers will continue to make money selling delta-8 THC.
The most widely available product containing delta-8 THC is a CBD-based gummy. The company’s goal is to boost its profits through this product, but it’s important to note that the DEA has not yet approved delta-8 products for sale in states that have legalized adult-use marijuana. Even so, delta-8 THC is present in trace amounts in cannabis and hemp plants, and its legality and availability make it a popular option for people seeking relief from pain and discomfort.
Manufacturers of delta-8 THC products have been careful to package these products in such a way that they will appeal to children. Some of them may even be sold in gas stations and convenience stores without age limits. However, these products contain higher concentrations of delta-8 THC than hemp raw extracts. Moreover, the historical use of cannabis cannot guarantee safety. In fact, these products often include a variety of potentially harmful chemicals.
The chemical process that produces delta-8-THC is relatively easy. Hemp-based CBD products usually contain traces of THC but are not psychoactive. This means that users of Delta-8 can benefit from the high without the usual buzz. The product is also federally legal. However, the substance is still not without controversy. Twelve states still ban it. But in Colorado, Delta-8-THC is completely legal, which is great news for consumers.
It is legal to buy and sell in Texas
A recent lawsuit filed against the Texas Department of State Health Services (DSHS) criminalizing the sale and possession of delta-8 THC resulted in a temporary injunction on the ban. The ruling has been upheld on appeal. However, the DSHS has appealed and asked the state Supreme Court to reinstate the ban. They did not agree to hear the case. A final hearing was scheduled for January 2022, but it never took place.
Although THC is illegal in Texas, its delta-8 cousin is legal for sale in smoke shops and CBD stores. The legality of delta-8 THC products in Texas is an issue that has a history of controversies. The first legal controversy came when the DEA banned delta-9 THC, a chemical found in marijuana. Since the state lifted its ban, confusion has remained about whether the substance is legal in Texas.
As a result of the Farm Bill, the Texas Department of State Health Services has updated its website regarding hemp cultivation. Under federal law, delta-8 THC products are considered legal. Texas’ legislation allows for the commerce of hemp products containing no more than 0.3% delta-9 THC. However, Texas still considers delta-9 THC products as Schedule I drugs. Nevertheless, retailers believe that delta-8 THC is legal to buy and sell in Texas.
Besides online vendors, many people prefer to buy delta-8 THC products in Texas from shops. There are many types of delta 8 products available online. Ensure that you buy only products that have COAs from an independent lab. COAs are a good way to check whether the product is safe. Moreover, check for shipping costs and promotions. Most businesses offer discounts if you subscribe to their newsletter. Area 52 is one of these online stores that has a blog and a FAQ section for new customers.
It is illegal to manufacture
The Texas legislature passed House Bill 1325 in 2019, signed by Governor Greg Abbott, which legalized hemp products that contain less than 0.3% Delta-9 THC. Texas, which largely prohibits the production and sale of products containing higher amounts of THC, rejected the changes made by the Federal Farm Bill and officially kept Delta-8 on the federal controlled substances list. In the meantime, however, Texas manufacturers have continued to make products with high amounts of Delta-8 THC.
The state of Texas’s new law is not a good idea for manufacturers of delta-8. Texas’ DSHS is attempting to limit the amount of Delta-8 THC per product. The legislation would also limit the amount of tetrahydrocannabinol in a product to 0.3%. Manufacturers must also comply with state and federal law, which may make it legal to produce some forms of THC.
The DEA is concerned that hemp-derived delta-8 THC is not safe for the consumer, and that it may be a gateway drug. However, a Travis County judge temporarily blocked Texas from classifying delta-8 THC as a controlled substance. The ruling also clarifies that hemp-derived delta-8 THC with less than 0.3% THC is legal for sale, possession, and consumption. The DEA recently issued an interim final rule saying delta-8 THC is a synthetically created substance, and therefore should be regulated.
While manufacturing Delta-8 THC is still illegal in Texas, it is legal in other states. The state has temporarily banned the drug from being listed as a Schedule I substance. Despite its legal status, many Texans are frustrated about the lack of clarity regarding the substance. To make matters better, contact the Thiessen Law Firm to discuss your case. They will provide a free consultation to help you understand your options.