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Delta 8 THC in Texas: Is it Legal? (2022 Guide)

Published February 8, 2021
October State Update 2021: Click Here
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Related article: What is Delta-8 THC?

Yes, Delta-8 THC Is Legal In Texas

Delta-8 THC is legal in the state of Texas as of writing this article 11/22/2021. Texas House Bill 1325, signed in to law by Greg Abbott in June 2019, made hemp and “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,” legal. (Full HB 1325 text)

Under Texas law, Title 6. Subtitle C. - Substance Abuse Regulations and Crimes, HB 1325 has specific carve-outs for this purpose:

Sec. 481.002. DEFINITIONS.

(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.

(Full Text)

Cannabis Policy In Texas

Texas House Bill 1325 opened new doors for Texas in the realm of cannabis and the cannabinoids found in the hemp plant. Delta-8 THC is just a logical next step for producers and distributors to make with the legalization of hemp. While Delta-9 THC is still illegal if it is over 0.3% in dry weight, things appear to be changing in Texas. With tax revenue down, Texas legislators are going to be looking for new ways to bring in revenue for the state.

Delta-8 has faced legal adversity in Texas. In the 2021 Texas Legislative Session, there were two attempts to ban the cannabinoid throughout the state. Although made with great intentions toward the hemp industry, HB 3948 and HB 2593 had amendments which would have outlawed Delta-8 THC.

Hometown Hero led a coalition of hemp organizations and businesses to fight against these bills and their amendments. The Texas Senate and House could not reach an agreement on the amendments to HB 3948 in time for the legislative deadline, and the bill died. For HB 2593, the amendment which banned Delta-8 failed to advance, so no changes were made to the legal status of Delta-8 in Texas.

Delta-8 THC, CBD, CBG, and other cannabinoids are leading the way in Texas. Now that Texans are warming up to the idea of hemp, the legalization of Delta-9 might be soon to follow.

Can You Buy Delta 8 in Texas?

Of course, you can! Back in 2019, Texas Governor Greg Abbott signed Texas HB 1325 into law. This was a huge step for the cannabis industry, as this bill legalized hemp and determined it as an agricultural commodity. Fast-forward to today, you can find a variety of hemp products at authorized hemp retailers throughout TX.

As of January 3, 2022, Texas has legalized all derivatives, cannabinoids, and products of hemp, which include Delta-8 THC.  Like federal law, a hemp product can only contain up to 0.3% of hemp-derived Delta 9 on a dry weight basis.

Where to Buy Delta 8 THC in Texas?

Buying Delta 8 in Texas is like any other purchase. All you need is your state I.D., and you can purchase from any hemp store or smoke shop. You will find a large selection of hemp products at these retailers, but if your local store doesn’t have what you need, you may wonder—can you buy Delta 8 online? Yes! Because of the 2018 Farm Bill, hemp is federally legal, which means it can be purchased by debit or credit card and be shipped right to your door.

How Old Do You Have to Be to Buy Delta 8 THC in Texas?

You must be 21 years or older to purchase hemp products in Texas.

Buy Delta 8 THC in Texas

Are you looking for high-quality Delta 8? We got your back! Located in Austin, Texas, we are a veteran-owned company with the commitment of producing the top hemp products on the market, while donating a portion of each sale to veteran non-profits.

From the moment our products are in your hands, you will not only feel but taste the quality. To purchase from us today, all you need to do is enter your debit or credit card and choose your products. Once you place your order, our team works diligently to get it out to you as fast as possible.

But beyond our fast service, we have one goal—to produce safe and clean products. To do this, our products are lab tested and go through a strenuous quality assurance process. Once our expectations are met, we confidently place them on our shelves.

Do you live in Texas?

Want Delta-8 delivered to your home?

Since 2015, Hometown Hero’s mission has been to provide our customers with hand-crafted products while actively donating to organizations that support our nation’s veterans.

We offer a variety of Delta-8 products including:

Hometown Hero is registered with the USPS, our boxes are whitelisted, meaning there will be no legal hassles with your order.

Shop our Delta-8 online store featuring genuine reviews from real customers.

The information provided on this website does not, and is not intended to, constitute legal advice or reliable statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to cause you to buy or not buy any of our products. The laws are different state to state and are constantly evolving. Information on this website may not constitute the most up-to-date legal or other information. Please consult an attorney where you live or are shipping to for verification the legal status of products on this website. Click here for our Legal Disclaimer.

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