Are you wondering whether Delta 8 THC and CBD products are legal in Texas? If so, then you’ve come to the right place! As a Houston drug lawyer who has seen countless cases involving the legality of cannabis-derived substances in Texas, I’m here to provide clarity on this often confusing subject.
Delta 8 THC and hemp-based cannabidiol (CBD) can be legally purchased in spreadable forms or oils across Texas. In this blog post, I will explore what is required under state law while focusing specifically on product safety and consumer protection regulations applicable to all owners of products containing Delta 8 THC or CBD derived from hemp.
Delta 8 THC vs. CBD – Texas Law
Delta 8 THC and CBD are chemical compounds that can be found in the hemp plant.
Delta 8 THC vs Delta 9 THC
Delta 8 offers a similar experience to Delta 9 THC, the psychoactive compound responsible for giving users a “high”. However, research suggests that Delta 8 is only about half as strong as Delta 9 when it comes to psychoactive effects.
Unlike its relative, CBD is non-psychoactive and does not create the same type of “high” associated with marijuana use. It is important for individuals living in Texas to note that acquiring and using both of these products can draw considerable legal penalties, so it is essential to understand the regulations surrounding them and stay within state guidelines.
Texas Laws on Hemp and Cannabis
Texas is one of many states that have recently legalized hemp and cannabis for medical and/or recreational use. However, laws around Delta 8 THC are still somewhat confusing in the Lone Star State.
Texas Senate Bill 339
Under Senate Bill 339 signed in 2019, hemp products containing less than .3% Delta 9 THC (the most prominent form of THC) are allowed, but hospitals and other entities are not authorized to distribute it.
Though both Delta 8 and Delta 9 THC originate from the same source, the active chemical make-up can differ drastically which can effect their legal status as a controlled substance. As a criminal lawyer in Texas, it’s important to remain up to date on regulations concerning these substances before advising any clients.
Is Delta 8 THC Legal in Texas
Delta 8 THC is a confusing substance when it comes to the legal landscape. In Texas, things are even more complicated; Delta 8 THC technically remains legal in the state, but each jurisdiction may have its own policies and regulations on how it should be treated. It’s important for consumers to understand these differences and use caution when engaging with this form of cannabis product.
Failing to comply with local laws could result in civil or criminal penalties, so we recommend finding a qualified criminal lawyer to help gain clarity before attempting to buy or use Delta 8 THC in Texas.
Penalties for Possessing or Selling Delta 8 THC in Texas
With the legalities surrounding Delta 8 THC in Texas still very much in flux, it is important for those who possess or sell it to be aware of any penalties they may face if the law changes. Unfortunately, there are currently no clear laws defining punishments for these types of offenses – and some local governments may issue fines or other penalties that go beyond what state legislation dictates.
It is advised that anyone involved in the possession and/or sale of Delta 8 THC speak with a criminal lawyer about their specific situation so that they can better understand their rights and potential liabilities.
Can I Legally Purchase Delta 8 THC in Texas?
Texas’s stance on Delta 8 THC is not absolutely clear, so it can be a tricky topic to navigate. While this cannabinoid has become increasingly popular due to its unique properties and effects, there are still questions surrounding its legality within the state.
The reality is that whether or not you can legally purchase Delta 8 THC in Texas depends upon where you stand on certain issues related to Texas law. To avoid complications and ensure that any purchase or possession of Delta 8 THC is acting within the bounds of the law, it’s best to consult with an experienced criminal lawyer about your specific circumstances.
Your Rights with Delta 8 THC in Texas
If you’re in Texas, navigating your way through Delta 8 THC laws and regulations can be tricky. Consulting a criminal lawyer is one of the best steps you can take to protect yourself and make sure what you’re doing is legal.
By speaking with a lawyer, you can learn more about your rights when it comes to Delta 8 THC in your state, as well as do research on the specific laws in place related to this substance. Any lawyer that specializes in criminal law will be able to provide you with the most up-to-date information regarding the legality of various forms of cannabis oils and products containing THC.
Not only will they help ensure that whatever methods you are using are lawful and safe, but they can also advise on any consequential repercussions should something go wrong. Doing your due diligence and consulting a qualified expert beforehand is always highly recommended — Texans need to know where they stand when it comes to using Delta 8 THC.
As a result, when it comes to Delta 8 THC in Texas, it’s best to err on the side of caution. There are many unanswered questions regarding the legality of Delta 8 THC and as of right now, there’s still considerable uncertainty surrounding hemp-derived powder and extract-based products in Texas.
If you’re unsure whether your Delta 8 THC product is legal in Texas or you have legal questions about this cannabinoid, consulting with a criminal lawyer can provide invaluable insights. A renowned criminal lawyer who specializes in drug laws can help you better understand the legal implications of possessing and selling Delta 8 products.
Consult with an attorney with expertise to make sure that you don’t get into any legal trouble for consuming or dealing any substances that fall under the definition of Cannabis under the Federal Law.
Delta 8 THC Legal Resources
- National Law Review, 9th Circuit Says Delta-THC Products are Federally Legal…https://www.natlawreview.com/article/ninth-circuit-rules-hemp-derived-delta-8-thc-products-are-federally-legal-creating
- Food And Drug Administration, 5 Things To Know About Delta-8 Thtrahydrocannabinol…https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc
- Texas Department of Health & Human Services, Consumable Hemp Products, “CHPs cannot contain more than 0.3 percent concentration of Delta-9 tetrahydrocannabinol (THC)“…https://www.dshs.texas.gov/consumable-hemp-program
Texas Consumable Hemp Products FAQ
Is Delta-8 Legal in Texas?
It is currently legal as a Consumable Hemp Product under the 0.3 percent limit established by the Tx Dept of Health and Human Services. However, you should check with your attorney as each situation is different and Texas drug law is constantly changing. Do not rely on this FAQ for legal advice!
Is CBD legal in Texas?
CBD is legal in Texas under the 0.3 percent THC rule established by the Texas Dept of Health and Human Services for Consumable Hemp Products. Check with your attorney for the latest information and do not rely on this article for legal advice.
How old do I have to be to buy Delta 8 in Texas?
You must be 21 years old to buy Delta 8 CHPs in Texas.