In recent years, a once-little-known cannabinoid called delta-8 THC has gained popularity due to its similarities to marijuana — especially in states where marijuana (with delta-9-THC above 0.3%) is illegal, such as Texas. Go to a tobacco store or CBD retailer in Texas and chances are you`ll find this product on the shelves in forms such as gummies, vape cartridges, or tinctures. October 15, 2021: The DSHS has updated its website to label delta-8 as a Schedule I controlled substance. This, again, happened without notifying stakeholders or the public, so many stores literally sold what is considered a controlled substance without being aware of it. You can easily find Delta 8 THC at local stores in Texas. March 7, 2022: No hearing is currently scheduled. According to Hometown Hero, the next hearing date could be in about 6 to 18 months (between July 2022 and July 2023). In the meantime, Delta-8 remains legal to buy and sell in Texas. There are more than 227 licensed retailers and more than 2,000 unlicensed smokers or vaping stores that sell Delta-8. CBD Oracle surveyed more than 20 stores that said 60% of their business sells delta-8 THC products, highlighting the huge impact of this law on legitimate businesses in the state. It is by far their most popular product. Delta-8 THC is arguably the most talked about cannabinoid on the market right now.

It is a variant or homologue of delta-9-THC that can cause a mild to moderate high. Many actually mark it as “The New THC.” And that`s not even the best part. This is where confusion comes in. Some believe that the DEA takes the dictionary meaning of “synthetic” and applies it here. The dictionary definition of synthetic is “related to or produced by chemical or biochemical synthesis”. If this is true, synthesizing CBD into delta-8 THC could actually be an illegal practice. In 2018, the Trump administration signed the Agriculture Improvement Act (Farm Bill), which authorizes the cultivation, production, distribution, possession, and use of hemp and hemp-based products. It also removed all tetrahydrocannabinols from hemp (THCA, THCV and delta-8 THC) from the list of controlled substances. If you still prefer to buy Delta 8 the traditional way, check out the top-rated stores we`ve listed in this article. And if you`re not sure where to start when buying Delta 8 THC products online, Area 52 and Finest Labs are both great choices for beginners. It produces similar effects, but they don`t make you as anxious as high doses of Delta 9. Here are the most reputable Delta 8 THC stores in Texas, according to Google Maps customer reviews.

In 2019, Texas legalized hemp, but not marijuana. The new law has led to confusion about legal marijuana products in Texas. Meanwhile, support for drug legalization remains high in polls, and other cannabis products such as Delta-8 have emerged. According to Edna`s Unbaked CBD, a small but valuable Youtube channel hosted by its knowledgeable CEO, an anonymous Texas law enforcement official confirmed that delta-8 THC is completely legal not only in the state of Texas, but in most states in the United States. Even the Drug Enforcement Division told him that Delta 8 is legal under state law, simply because Texas law complies with federal law under the 2018 Farm Bill. Due to hemp`s federal status, all hemp-derived compounds (minus THC) are completely legal, including Delta 8. As mentioned earlier, Texas is following this federal decision and allows the sale, distribution, possession, and consumption of delta-8-THC under state law. Finally, the overarching point is that the Farm Bill — and the amendments to Texas law to comply with it — defines “hemp” in a way that implicitly includes delta-8, so it should be legal under that legislation. State governments can adopt stricter rules, but the process to do so has not been followed and the legitimate legislative attempts that have been made have not been made by the system. Individual states can expand federal cannabis regulations and impose their own restrictions on various cannabinoids. So far, Delta 8 products have been banned in 14 states.

According to the DSHS website, delta-8 at all concentrations and delta-9 above 0.3% are now controlled substances under the Texas Controlled Substances Act. This means that the use, possession, purchase, sale, distribution and production of Delta 8 products is strictly illegal and punishable under the state penal code. Yes, you cannot take a drug test if you have only used delta-8 cannabis, as drug tests cannot distinguish the differences between delta-8 and delta-9 cannabinoids. As explained above, if you`re in attachment or probation (the two times you`re most likely to get a drug test), it doesn`t matter what cannabinoid is in your system. The answer here is the same as above. Unfortunately, the Texas DSHS considers that regardless of the delta-9 content of the product, it is not legal despite the contents of the Farm Bill. Although TX House Bill 2593 does not ban Delta-8 products, the Texas State Department of Health Department updated its website on October 15, 2021, claiming that delta-8 is now banned in the Lone Star State. At the time of writing, the use, possession, sale, distribution, and production of hemp-derived delta-8-THC remains illegal in Texas. Cannabis-derived products can also cause their own side effects, especially when used in large quantities. The FDA warns that CBD products can cause liver damage, mood and appetite swings, and affect fertility. There are also reports of delta-8 products causing hallucinations, vomiting and loss of consciousness.

In September 2021, the Centers for Disease Control and Prevention issued a health warning stating that it had seen an increase in health emergencies related to the use of delta-8 as the drug became increasingly popular. Many cases involved children exposed to the drug, which is often sold in gums and other sweets. Long story short, you can`t legally buy Delta 8 THC derived from marijuana in Texas. Texas companies began selling delta-8-THC after the Federal Farm Bill passed in 2018, as well as House Bill 1325 in 2019, which legalized the cultivation of hemp with less than 0.3 percent THC. Delta 8 falls into this category. However, the Department of Health and Social Services (DSHS) later announced or clarified that delta-8 was classified as a Schedule 1 controlled substance, a category reserved for drugs that do not have an accepted medical use, such as heroin. That is why it is currently in a legal vacuum. Update: On November 8, the court issued an injunction against Hometown Hero prohibiting the previous DSHS ban. As of now, delta-8 is legal to buy and sell in Texas. In May 2021, a California federal court ruled in a separate lawsuit that delta-8 products fall under the legal definition of hemp and are therefore legal nationwide as long as their THC concentration remains below 0.3%. October 18, 2021: CBD and vape stores are removing Delta 8 products from shelves. Some stores, like some in Dallas, keep products on shelves, and some are searched by police as a result.

The rationale for classifying delta-8-THC (and other cannabinoids – with the exception of THC in concentrations below 0.3%) as a controlled substance is essentially that other cannabinoids may have pharmacological and psychoactive properties. While this is not a sufficient justification for the measures they have taken, from a prohibitionist point of view, it is a fairly reasonable explanation. It`s true that delta-8 THC is psychoactive, and if your goal is to stop access to psychoactive substances (and you`ve ignored the whole history of the war on drugs), then banning it would make sense.