Count on our counsel to champion your case!

What Is Delta 8 and Is It Legal in Texas?

Latest News

What Are Delta 8 and Delta 9?

Hemp and marijuana belong to the same species; Cannabis sativa. Delta 8 is a chemical from hemp plants that has been gaining popularity in Texas and other states. Delta 8 is a “cannabis compound” which occurs naturally in small amounts in cannabis plants and is used recreationally by some consumers. Delta 8 is similar in structure to the compound responsible for the psychoactive effects of cannabis, called Delta 9. However, Delta 8 is less potent and has a milder psychoactive effect. Delta 9 is often found in trace amounts with Delta 8, as both compounds come from the same plant species. However, Delta 9 in concentration amounts higher than .03% is illegal in Texas. If you’re curious about trying Delta 8, you should speak to an attorney to stay up-to-date on the latest laws and regulations regarding Delta 8 in Texas. There are potential risks associated with Delta 8 use, and it is essential to do your research and consult with medical and legal professionals before using it.

Delta 8 Products

Delta 8 THC is available in various forms, including gummies, tinctures, and vape cartridges. If you are considering using Delta 8, it is essential to start slow, do your research, and purchase products from reputable manufacturers that have been third-party tested.

Is Delta 8 Legal in Texas?

While the chemical Delta 8 THC derived from hemp is legal under the 2018 Farm Bill, factors like lack of regulation and inconsistent dosage mean you could end up with higher amounts of Delta 9 than you thought. You could even be charged with a crime if your products contain too much Delta 9. Whether a Delta 8 product is legal currently depends on the circumstances and how the court interprets the law. An attorney can help keep you up-to-date on your state’s most recent legal guidance regarding controlled substances. The legality of products containing Delta 8 depends on several factors:

Source of THC

Delta 8 occurs naturally in both hemp and marijuana. Texas law classifies marijuana as a Schedule I substance, meaning possessing, selling, or distributing it is illegal. The Agriculture Improvement Act of 2018 made hemp and hemp-derived products containing Delta 8 legal. Delta 8 also occurs in marijuana, but hemp cannot have more than 0.03% of Delta 9, so the act’s outcome is that only hemp-derived Delta 9 is legal to possess and sell.


Products containing more than 0.3% Delta 9 remain illegal. The percentage is a ratio of the product’s total weight, so the total amount of Delta 9 THC cannot exceed 0.3% of the other ingredients’ weight, like sugar and flavorings.

Drug Testing

You may need to pass a drug test to get a job or even be subject to periodic testing to maintain employment. THC remains federally illegal, and your employer may require you to show a negative test result for THC if subjected to a drug test. Delta 8 THC can cause a positive result on a drug test for THC, which could lead to employment or legal issues.

Lack of Regulation

Facilities that manufacture goods are subject to regulations and inspections, and it is currently illegal to manufacture hemp and hemp-derived products in Texas. Because Delta 8 and the cannabis industry are relatively new and unregulated, the testing and oversight to produce and sell goods containing Delta 8 and Delta 9 are not yet comprehensive. Knowing precisely what you are getting and how it may affect you can be challenging. Inconsistent manufacturing practices could lead to incorrect concentrations of Delta 8 and Delta 9, which is a crucial factor in whether the THC product is legal. You could take a higher dose than expected and suffer unwanted side effects. There could also be legal consequences for possessing an illegal amount of Delta 9. If you decide to use Delta 8 THC, purchase products from reputable sources and consult an attorney to ensure you understand how the current interpretation of Texas law affects you.

The Future of THC Laws In Texas

It is crucial to remember that Delta 9 remains federally illegal. Therefore, it is difficult to identify whether an officer of the law would find Delta 8 products containing Delta 9 legal or prohibited in Texas. The Texas Department of State Health Services also moved to ban Delta 8 in 2021. A district court judge blocked the move based on the argument that the swift action didn’t follow the guidelines of Texas law. Critics of the ban argue that the DSHS failed to provide sufficient notice to retailers. An ongoing lawsuit keeps Delta 8 legal for now.

Legality Can Change Fast, Stay Informed

If you choose to partake in THC, keeping yourself informed on the current law is vital. As it currently stands, the legality of Delta 8 in Texas is unclear and could change at any time. It is crucial to stay up-to-date on the latest laws and regulations regarding Delta 8 THC in Texas and consult an attorney if you have any questions or concerns. Getting representation fast is essential if you’re found guilty of possessing, selling, or distributing an illegal substance. At Kahn Law Firm, P.C., we’re here to help clarify the law for you and advise on your unique circumstances. Give us a call today for a free consultation.
Related Articles

Do You Need To Find A Defense Attorney After Getting Arrested In Houston For Dui? Our Husband And Wife Attorney Team Has The Experience To Represent You.

Read More

Insurance Industry Tactics An Insurance Adjuster May Use In Your Claim (Part A)

Read More

Interesting Blogs: Texas Personal Injuries, Auto Accidents, Criminal Defense And Dwis

Read More