by William Goodall February 15, 2021
There are no bones about it, the legality of hemp and marijuana products is a confusing mess. Though both come from the cannabis plant, there are varying shades of legality for each of them as of this moment. There is of course the overarching federal level of legality, and then there are individual state laws that thestates abide by. The laws vary from state to state. In this article, we will attempt to sift through the laws on Delta-8 and hemp as they specifically apply in the great state of Texas. Here we go!
Yes. Delta 8 THC is legal according to Texas state law. It is also legal on the federal level according to theFarm Bill of 2018 which took hemp off the Schedule I list of controlled substances. Some states, however, have their restrictions regarding the hemp-derived compound. Texas, however, is currently not one of them as of the writing of this article (2/13/2021).
Delta-8 was made legal in Texas in June 2019 through the signing of Texas House Bill 1325 by Greg Abbott. This bill legalized hemp “and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” This was stated in Title 5. Subtitle F.-Hemp,Sec. 121.001. Definition.
Delta-8 falls under this definition because it is a cannabinoid that comes from hemp. It must have under 0.3% THC to be considered legal. It is important to buy lab-tested products, so you know that your Delta-8 is up to Texas standards. Also, lab testing is a good way to know what combination of compounds is in your product. This way you will know what kind of high you will experience and what benefits you can expect. It will also give you peace of mind knowing there are no harmful contaminants in what you consume.
Hemp, as described in the definition listed in Section 121.001, is then excluded under Title 6. Subtitle C.-Substance Abuse Regulation and Crimes,Sec. 481.002. Definitions. It states the following:
(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
The term does not include:
(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
(B) the mature stalks of the plant or fiber produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(E) the sterilized seeds of the plant that are incapable of beginning germination; or
(F) hemp, as that term is defined by Section 121.001, Agriculture Code.
This is an exciting time for the state of Texas. With the passing of Texas House Bill 1325, many possibilities have opened up regarding the purchase of hemp-derived substances. And although Delta 9 THC, better known as THC, is still illegal if it is found in quantities over 0.3% dry weight, the future looks bright.
In the meantime, enjoy your Delta-8. This amazing compound can bevaped, smoked in ahemp flower joint, and eaten in a yummygummy. The high from D8 is much less intense than D9, allowing you to function without anxiety and paranoia. You will feel uplifted, calm, relaxed, and euphoric. Oh, and did we mention legal in Texas?
So we’ve driven the point home that Delta-8 is legal in Texas. But what about CBD?
Delta 8, cannabidiol (CBD), and cannabigerol (CBG), and other members of the cannabinoid family have been legalized in Texas. This is because they are cannabinoids found in hemp. And since hemp has been legalized in Texas, they are included by ipso facto. As long as these cannabinoids do not contain more than 0.3% THC, there are no issues.
CBD on its own has little to no THC within it. However, full-spectrum CBD oil does have THC in it, along with an array of other cannabinoids. Just be certain that its THC content is under the legal limit, and you’re good.
In Texas, both Delta-8 and CBD are legal thanks to the passage of Texas House Bill 1325. You Texans can breathe a sigh of relief and purchase these products to your heart's content. Enjoy the benefits of these two cannabinoids without legal worry. As Texans begin to accept hemp as a viable product for their health and wellness needs, Delta-9 will likely soon follow.
We try to stay up to date on the laws regarding hemp legalization. However, you need to do your due diligence to stay informed of the latest rules and regulations that are passed. Since the laws are constantly shifting, these regulations can change quickly.
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