Delta 8 in Texas
In Texas, the laws about Delta-8
THC have been all over the place. One minute it's against the law, and the next
it's temporarily kept from being put on the Schedule I list of drugs. So, does
Texas allow Delta-8 THC? Delta-8 in Texas for the time
being. Many Texans are frustrated, though, because it's not clear what this
means. In this article, Thiessen Law Firm's criminal defense lawyers explain
what the current laws are about Delta-8 THC.
How Delta 8 THC fits into the law in Texas
The 2018 Federal Farm Bill
legalized hemp products with 0.3 percent or less Delta-9 THC, taking it off the
list of controlled substances. This led to confusion about whether or not
Delta-8 THC was legal in Texas. The following year, Texas passed House Bill
1325, which made it legal to sell hemp products with less than 0.3% Delta-9
THC. Then, in 2021, the Texas Department of State Health turned down the
changes made by the Federal Farm Bill. This means that Delta-8 is still a
Schedule I drug in the state of Texas.
The Lone Star State says it only
legalized hemp products that meet the federal definition of hemp, which is any
product with 0.3 percent or less Delta-9 THC. Delta-8 THC was not part of this
change. Even though the changes were explained on the Consumable Hemp page, the
Texas Department of State Health is getting a lot of pushback from people all
over the state because it wasn't clear what kinds of hemp were made legal.
In January 2022, a final decision
will be made about whether or not Delta-8 THC can be sold legally. Whether or
not it is legalized depends on whether or not it is seen as a synthetic version
of THC. Delta-8 isn't a naturally occurring cannabinoid in hemp, so it has to
be made from another cannabinoid called CBD. People disagree about whether this
process makes it synthetic or not. Synthetic cannabinoids are often made
illegal when they are found in a product.
If Delta-8 THC is made illegal,
thousands of people in Texas could be charged with a felony, sent to prison, or
fined up to $10,000 for selling or having a substance they thought was legal.
What is THC-Delta-8?
Delta-8 THC, or
delta-8-tetrahydrocannabinol, is a mildly psychoactive cannabinoid (or
compound) that is found in hemp and marijuana plants that can be eaten. But
does Delta 8 THC get you high? It most certainly can! Even though people who
have tried it say it gives them a "lighter" high than THC usually
does. Delta-8 THC is like a unicorn among psychoactive substances because it
bridges the gap between hemp, which is legal under federal law, and cannabis,
which is illegal under federal law. This makes it a legal high under federal
law in many states, including Texas, for the time being.
Delta-8 vs Delta-9
Delta-9 THC is the main part of
marijuana or hemp that makes you feel high. When people talk about
"THC" in a general way, they usually mean Delta-9 THC. Delta-8 and
Delta-9 are very similar in how they are put together, but the small
differences between them are what make them different in how strong they are.
Delta-8 won't get you as high as Delta-9, and it has to be changed into CBD
when it comes from hemp. The difference between THC and CBD is how much they
make you feel high. CBD is psychoactive, but it won't get you high. Instead, it
is usually used to treat things like anxiety, depression, pain, and more.
So, can you buy Delta-9 in Texas?
It will depend on two things. How much THC is in the product and where it comes
from. Delta-9 THC made from hemp that has a concentration of 0.3% or less is
legal in the state of Texas. Any product with a higher concentration than this
is against the law.
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