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Delta 8 THC in Texas: Is it Legal?

Delta 8 THC is a cannabinoid found in the hemp plant.  Δ8-THC, has been gaining popularity in recent months due to its wider availability and recent promising applications.  Even though there is a lot of hype around delta 8 THC, is it even legal in Texas?

Delta 8 THC Chemical Structure


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 (8/18/2020).  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)

The Future of THC 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 THC, CBD, CBG, and other cannabinoids are leading the way in Texas.  Now that Texans are getting a taste of THC, the legalization of delta 9 might be soon to follow.

If you would like to try some Delta 8 THC straight from the heart of Texas (Austin), give Hometown Hero's Blueberry Delta 8 THC Gummies a try!  Each gummy has 25mg of high potency Delta 8 THC which is the perfect amount to feel great!


Blueberry Delta 8 THC Gummies

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