Controversy hits Texas as lawmakers turn Delta-8 THC from a legal cannabinoid into an illegal controlled substance. Do you want to buy legal CBD in Texas? Read this in-depth article to find out everything you need to know about CBD in Texas.
Is Delta-8 THC Legal in Texas?
As more users begin enjoying delta-8 THC in the Lone Star State, many wonder how long this legal high can stay legal as the DEA closes in.
Delta-8 THC is arguably the most talked-about cannabinoid currently on the market today. It’s a variant or homolog of delta-9-THC capable of causing a mild-to-moderate high. Many are actually branding it “The New THC”. And that’s not even the best part.
Delta-8-THC is the connection between federally legal hemp and federally illegal marijuana, acting as a federally legal high across many U.S. states.
However, legal highs (from cannabis or otherwise) have been strictly regulated or prohibited in the United States. Will delta-8 suffer the same fate? Will Texas see delta-8 prohibition?
Is delta-8 legal in Texas?
- Delta-8 THC is currently legal in Texas after Travis County judge temporarily blocked the state from classifying it as a controlled substance.
- Under state law, hemp-derived delta-8 THC with less than 0.3% THC is legal to buy and sell.
- You are able to purchase, possess, and consume hemp-derived delta-8 products without landing yourself in trouble with Texan law enforcement.
- In 2020, the DEA issued an interim final rule addressing delta-8-THC’s legal status — believes it could be “synthetically-derived” and a controlled substance, making it federally illegal.
- Delta-8 isn’t naturally abundant in hemp plants. It requires manufacturers to convert CBD into delta-8. Some believe this conversion makes delta-8 a synthetic, while others don’t believe this is the case.
- If labeled a synthetic variant of THC, delta-8 could be outlawed and deemed illegal in the future.
Update on Delta-8 Legality in Texas
Updated: September 2022
See a more comprehensive update on the delta-8 legal battle in Texas with a live timeline of events and answers to frequently asked questions.
A recent video release from Hometown Hero CEO Lukas Gilkey announces yet another huge win for the delta-8 legal battle in Texas: “The Texas Supreme Court denied DSHS’ request to hear our case. This means that our case stays in the Texas Appellate Court until our case is ruled on (6-12 months). This was DSHS’ best chance to win, and it was denied. Delta-8 THC remains legal in Texas!”
Updated November 8, 2021:
On November 8, 2021, the court granted Hometown Hero’s application for a temporary injunction which prohibits the “rule stated on DSHS’s website that Delta-8 THC in any concentration is considered a Schedule I controlled substance.” A final hearing of this case is set for January 2022.
As of November 8th, hemp-derived delta-8 THC (with less than 0.3% THC) is legal to buy and sell in Texas.
You can read the court’s new ruling in the case below.
Updated November 1, 2021:
Sky Marketing Corporation, which does business as Hometown Hero, is fighting back against Texas and its decision to ban delta-8 and categorize it as a schedule I controlled substance. The company filed a lawsuit in Travis County requesting a temporary restraining order (TRO) to block the ban but was rejected by State District Judge Gary Harger on October 22nd, 2021. A full court hearing is set for November 5th.
Hometown Hero’s CEO Lukas Gilkey recently posted a video on YouTube asking for other companies to file their own temporary restraining orders, as well as offering guidance and resources to vendors and retail stores affected by the ban.
Currently, Vape City, a Houston-based vape company with 75 retail stores across the US, and CBD American Shaman are the only other companies to file a similar lawsuit but have yet to receive a response.
As of writing this, the use, possession, sale, distribution, and production of hemp-derived delta-8 THC remain illegal in Texas.
Updated October 15, 2021:
Despite TX House Bill 2593 failing to ban delta-8 products, the Texas Department of State Health Service updated its website on October 15, 2021, claiming delta-8 is now prohibited in the Lone Star State.
According to the DSHS website, delta-8 in all concentrations and delta-9 above 0.3% are now controlled substances under Texas’ Controlled Substances Act. This means the use, possession, purchase, sale, distribution, and production of delta-8 products are strictly illegal and punishable under the state’s penal code.
Texas Department of State Health Services website was updated on October 15, 2021, claiming delta-8 is now prohibited.
Previously, delta-8 was presumed legal after Gov. Greg Abbott signed TX House Bill 1325 legalizing all hemp-derived compounds, provided they’re sourced from hemp plants carrying no more than 0.3%.
As of right now, delta-8 is a schedule I controlled substance in Texas, placing it alongside heroin, LSD, MDMA (ecstasy), and psilocybin as having no medical value and open to abuse.
Penalties for the use, possession, sale, distribution, and production of a schedule I controlled substance can result in imprisonment, a fine, or both.
CBD American Shaman and other companies are taking legal action against Texas.
Updated September 2021:
Recently, delta-8 THC’s legality in the state of Texas was hanging in the balance. State lawmakers attempted to brazenly ban delta-8 within an inch of its life, causing uproar in the Texan cannabis community.
Texas House Bill 2593, which sought to reduce criminal penalties for the possession of THC concentrates, was controversially amended during the Senate floor debate to limit the quantity of all tetrahydrocannabinols to 0.3% per product. This amendment would have made all products carrying above 0.3% delta-8 illegal under Texan law, resulting in a huge financial blow to delta-8 retailers and suppliers operating in the state.
Thankfully, the bill failed to pass and died in the legislature after a House conference committee removed the amendment and the Senate later failed to vote. This means the use, possession, production, sale, and distribution of delta-8 remains legal in Texas.
This amendment, which was later removed, would have banned all delta-8 products in Texas with more than 0.3% THC.
Is Delta-8 THC legal in Texas?
Hemp-derived Delta-8 THC is currently legal in Texas. All hemp-derived cannabinoids, terpenes, flavonoids, and isomers are currently allowed for sale, distribution, possession, and use. Refer to the latest updates above.
How Texas falls in line with federal law
In 2018, the Trump administration signed the Agriculture Improvement Act (Farm Bill) into law, allowing the cultivation, production, distribution, possession, and use of hemp and hemp-derived products. It also removed all tetrahydrocannabinols in hemp (THCA, THCV, and delta-8 THC) from the list of controlled substances.
Previously, the federal government categorized all cannabis (including hemp) as a Schedule I controlled substance, deeming it illegal. The Farm Bill essentially differentiates between hemp and marijuana (medical cannabis).
Differentiating between hemp and marijuana
This differentiation is important — and it’s all to do with how much THC (still a controlled substance if above 0.3%) is present in the plant. Hemp typically carries less than 0.3% THC, while marijuana carries up to 15-20% THC on average. Because 0.3% is the legal limit, hemp is equally legal.
Due to hemp’s federally legal status, all plant hemp-derived compounds (minus THC) are totally legal, which includes delta 8. As mentioned, Texas follows this federal ruling and allows delta-8 THC to be sold, distributed, possessed, and consumed under state law.
According to Edna’s Unbaked CBD, a small but valuable Youtube channel hosted by its knowledgeable company CEO, an unnamed Texan law enforcement officer confirmed delta-8 THC is totally legal not only across the state of Texas but in most states across the US. Even the drug enforcement division told him delta 8 is legal under state law, simply because Texan law falls in line with federal law under the Farm Bill 2018.
And here’s the (kind of) bad news about delta-8 in Texas
Despite being federally legal under the 2018 Farm Bill, delta-8’s growing popularity as a “legal” hemp-derived high has caught the attention of the Drug Enforcement Administration (DEA).
In August 2020, the DEA issued an interim final rule seeking to address the status of delta-8 THC, which it believes is a “synthetically-derived” tetrahydrocannabinol analog and must be scheduled under the Controlled Substances Act (CSA) to comply with the 2018 Farm Bill.
The confusion surrounding the DEA’s 2020 ruling
The DEA’s rule doesn’t clearly define what it means by “synthetically-derived”, opening it up to interpretation and a whole lot of confusion, especially from cannabis brands currently selling delta-8 THC products in Texas and beyond.
The DEA could see delta 8 as a synthetically-created cannabinoid, placing it as a Schedule I controlled substance.
Since it’s a “minor” cannabinoid and only present in trace concentrations (up to 1%), hemp producers and manufacturers are converting CBD into delta-8 THC via an isomerization process. Isomerization simply means turning one isomer (CBD) into another isomer (delta-8) by altering the molecular structure but not adding or removing anything from it.
The devil’s in the definition
This is where the confusion comes in. Some believe the DEA is taking the dictionary meaning of “synthetic” and applying it here. The dictionary definition of synthetic is “relating to, or produced by chemical or biochemical synthesis.” If this is true, the synthesis of CBD to delta-8 THC may actually be an illegal practice.
However, others suggest “synthetically-derived” doesn’t apply here since neither hemp-derived CBD nor delta-8 is strictly a man-made chemical, and the isomerization of CBD to delta-8 doesn’t result in a synthetic compound. True synthetic cannabinoids (K2, Spice) are exclusively created in laboratories using only laboratory chemicals. No natural cannabis plants are used in the process.
So, right now? Delta-8 is federally legal under the 2018 Farm Bill but the process of turning CBD into delta-8 THC is under fire and fraught with contradictions. The DEA could see it as a synthetically-created cannabinoid, placing it as a Schedule I controlled substance.
How are companies getting around the law?
CBD and cannabis companies don’t have to “get around” the law, per se. It’s federally legal under the 2018 Farm Bill. They just have to be very careful with how they conduct business surrounding the production, manufacturing, and distribution of delta-8 THC products since the DEA got involved.
Many brands have enlisted the help of lawyers to make sure they’re not overstepping the mark and interpreting federal law, DEA ruling, the 2018 Farm Bill the wrong way.
Best Delta-8 products that deliver to Texas
If you’re looking to buy delta-8 (or hemp-derived delta-9) products in Texas, here are some of the products we recommend. For more options, see our latest picks for the best delta 8 gummies, flower, and vape carts.
Where to Buy CBD in Texas in 2022
If you want to buy CBD legally in Texas, you’ve come to the right place. This article will explain all of the relevant laws and point you in the direction of suppliers locally and online.
The most convenient way to get high-quality CBD is to place an order online.
Online retailers usually have better products at lower prices than those found in-store.
The best place to start your search for CBD in Texas is to review the Lone Star State’s laws regarding marijuana products.
2. All Hemp-Derived Cannabinoids Legal | Marijuana Illegal
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Is CBD Legal in Texas in 2022?
Texas introduced minimal legislation in 2015 that made it legal for patients with intractable epilepsy to possess and use CBD to treat their seizures. This program is one of the most restrictive in the country.
Under the Texas Compassionate Use Act, patients with severe and unmanageable epilepsy can access low-THC CBD if a doctor determines that it’s the best treatment. A second doctor then has to examine the patient and agree with the first one.
The patient must have tried at least two other medications that failed before they can access CBD.
Therefore, if you’re looking to get a doctor’s recommendation for CBD in Texas, you’re probably out of luck.
However, there is still hope, though in the form of industrial hemp CBD products.
Industrial Hemp CBD in Texas
As a result of the Agricultural Act of 2018, the Government removed industrial hemp from the federal list of Controlled Substances.
Industrial hemp is nearly identical to marijuana — with one major exception. It doesn’t contain enough THC (generally less than 0.3%) to cause the psychoactive effects usually associated with marijuana use.
This means that, in the eyes of the Federal Government, you can legally purchase industrial hemp CBD.
Gov. Greg Abbott signed a bill in June 2019 and legalized hemp cultivation and its extracts, including low-THC CBD.
We have included a helpful guide below for finding high-quality CBD locally and online in Texas.
How to Find Quality CBD in Texas
Although the Texas laws make it difficult for those in need to access CBD through government channels, you shouldn’t have any trouble finding a reliable supplier near you or online.
The CBD industry is relatively new, and not all companies are playing by the rules. The Food and Drug Administration has found that many CBD products sold in-store actually contain no CBD at all.
Don’t fall victim to these con artists. Follow this short guide to get the best CBD every time.
How to Protect Yourself From Sketchy CBD Companies
1. All your CBD products should be tested by a third-party lab. This is the best way to ensure you’re getting a quality product. These labs can check for any foreign contaminants (including pesticides and other potentially harmful chemicals) and verify that the CBD in the product matches what the company is advertising.
2. Don’t give your money to a company that claims CBD is a cure for anything. CBD is a great way to relieve symptoms such as pain, anxiety, inflammation, nausea, and seizures, but it won’t cure your medical condition. If a company is trying to sell CBD by saying it will cure diseases, it’s taking advantage of uninformed customers. Save your cash for a company that tells you the facts.
3. Buy “full-spectrum” CBD, not an isolate. CBD can be made using the entire plant or just bits and pieces. Full-spectrum refers to CBD that has been created using the whole plant. Full-spectrum CBD contains additional beneficial chemical compounds (including cannabigerol, cannabidivarin, terpenes, etc.) that offer several health benefits.
4. Always check that your CBD comes from industrial hemp. Marijuana is still illegal in Texas and can get you into trouble with the law. By making sure your CBD comes from an industrial hemp plant, you are minimizing the chance of legal repercussions.
Where to Buy CBD in Texas
The best way to get high-quality industrial hemp CBD is by shopping online. If you would prefer to buy locally, however, you might have some luck looking in your nearest vape store.
1. Online CBD Shops
If you make your CBD purchase online, you’ll end up saving time and money, but there are other benefits, too.
A) Online Products Are Almost Always Cheaper
If you go directly to the source, you’re cutting out the middleman entirely. This allows the supplier to offer you bulk purchase options and better pricing.
B) You Can Access Valuable Information About the Company
When shopping for CBD products, it’s essential to know where your products are coming from and how they’re made. This is easy to do when you buy online. You should be able to perform a background check on the company, get access to third-party lab reports, and see customer reviews. When you shop in-store, you lose almost all of these quality checks.
C) Online Shops Have Better Product Selection
Physical stores don’t have the shelf space to store all the different types of CBD that you can find online. In-store, you might only have access to a few tinctures or vape liquids. Online, you’ll be able to find those in addition to lotions, creams, waxes, dog treats — you name it.
D) Buy Direct From the Manufacturer
When you shop online, you are buying from experts in the field of CBD. To find CBD locally, you’re likely going to have to make your purchase from a vape store or bong shop.
However, if you still want to head into a local shop, many places in Texas can point you in the right direction.
We have included a list of local stores in which you might be able to find CBD in Texas. See if you can find your city below.
2. Local Shops
Until the laws regarding marijuana in Texas relax (probably not anytime soon), your best chance of finding CBD is in vape stores, head shops, and natural health outlets.
Is Marijuana Legal in Texas in 2022?
Currently, marijuana is illegal for all purposes in Texas, and possession can come with harsh penalties.
Marijuana is a Schedule I drug in the eyes of the Federal Government.
According to the Controlled Substances Act, a Schedule 1 Drug:
- Is extremely addictive and very likely to be abused.
- Doesn’t have any acceptable medical applications in the United States.
- Can’t be safely used, even in professional medical facilities.
It seems a little backward, doesn’t it?
Many states have legalized marijuana, but, unfortunately, Texas is not one of the states with progressive marijuana laws.
Marijuana Possession Penalties in Texas
A violent murder was blamed on marijuana use in 1913, and two years later, the drug was declared dangerous and illegal. The local newspaper claimed that marijuana created a “lust for blood” and that many horrible crimes were committed under its influence.
Does that sound like any stoners you know?
For any amount under two ounces, the courts can punish you with a $2,000 fine and up to 180 days in jail.
Between two and four ounces, the penalties rise to a $4000 fine and a year in jail. More than 4 ounces and your bank account might be $10,000 lighter, and you could spend the next two years behind bars.
Under Texas law, it’s illegal to import, export, or sell marijuana under any circumstances. However, that doesn’t stop the State Government from charging a tax on marijuana sales.
You’ll also get fined the equivalent amount of tax that the Government would have made on the marijuana you’re caught with. This tax equals roughly $3.50 per gram.
Marijuana Cultivation and Sale in Texas
You’re not allowed to grow marijuana in Texas either. The penalties for growing or selling marijuana are incredibly harsh, so don’t do it.
Growing or selling a quarter of an ounce (approximately 7 grams) can lead to a $4,000 fine and 180 days in prison.
More than a quarter of an ounce but less than five pounds could get you two years in prison and a $10,000 fine.
Therefore, Texas is not a great place to be if you enjoy using marijuana recreationally. However, there is a growing voice for the legalization of marijuana in Texas, and you still have access to a “legal alternative.”
Is Delta 8 THC Legal in Texas in 2022?
Delta 8 THC is legal in Texas. It’s federally legal but banned in some states.
If you’re in Texas and could benefit from marijuana, delta 8 could be an effective alternative for you. Some people even prefer its milder effects.
Because it’s an isomer of delta 9 (THC), it affects the endocannabinoid system in much the same way. It’s legal because it’s derived from hemp and has less than 0.3% THC — if it fails to meet those criteria, it’s illegal and can get you into trouble.
Where To Buy Delta 8 THC in Texas
Just like with CBD, you need to be careful when buying delta 8.
Here are the top three online vendors; you’ll be able to find what you need with no problems.
Delta 8 pops up everywhere; you’ll find it in gas stations, vape shops, and health stores. It’s a lucrative business since so many people are buying it up.
It’s also unregulated, which ultimately means anyone can sell it, and there are no legal standards to what they’re selling.
To stand out from the masses, reputable vendors have their delta 8 tested by a third party. This ensures the quality of the D8, provides proof of no chemicals or other unwanted things in the product, and shows how much delta 8 it contains. It’s not unheard of for products to have little to none.
If you can find a local shop that has this information, perfect. However, most do not.
This is why online vendors are the easiest and safest way to buy delta 8. As a plus, the prices are usually better, and you’ll have more products to choose from.
Recommended CBD Retailers in Texas
All of these stores should have a selection of CBD products for you to choose from. Their employees may be able to direct you to the right products for your needs.
Final Notes on Buying CBD & Delta 8 THC in Texas
Texas has some of the most restrictive marijuana laws and one of the least accessible medical marijuana programs in the country.
Despite all that, you shouldn’t have any trouble finding a local or online supplier for all your delta 8 THC or CBD needs in Texas, especially if you live in one of the major cities.
As always, we recommend placing an order online for your delta 8 and CBD. Using a reliable online CBD supplier is the fastest way to get high-quality CBD products in Texas.