Delta-8 THC(D8) is a cannabinoid that has been gaining popularity in the past few years. D8 is a cannabinoid just like its more popular cousin Delta-9 THC (more commonly known as marijuana) but it binds to the 8th carbon compound instead of the 9th carbon compound. What this leads to is a more mild and relaxed high, without providing the paranoia and nausea that can accompany D9. For this reason, D8 has been gaining popularity around the United States which has begun to beg the question: what is the legal status of Delta-8 THC in Texas?
Is Delta 8 THC Legal in Texas
Yes! Delta 8 THC is Legal in Texas.
The Controlled Substances Act (CSA) defines hemp as any cannabis derivative with a less than 0.3% Delta-9 THC on a dry weight basis. Per this definition, Delta-8 THC products fall within the definition of hemp which was legalized in 2019 in Texas by the House Bill 1325:
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.
This Definition 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.
Does the DEA Consider Delta-8 THC Legal
In August 2020, the DEA released an interim rule to the 2018 Farm Bill which defined the legality of hemp. There has been a good amount of speculation around its impact on the Legality of D8. We did a deep dive into how the DEA sees Delta-8 THC:
According to the DEA, D8 is a Schedule 1 Controlled Substance as defined in Drug Code 7370. However the US Department of Justice released a statement from the US Court of Appeals for the Ninth Circuit wherein they enjoined enforcement of Drug Code 7370. The statement concludes by stating the DEA does not enforce that provision as to such products that lie outside the definition of marijuana.
“The Ninth Circuit enjoined enforcement of what is now 21 C.F.R. § 1308.11(d)(31) (drug code 7370) with respect to products that are excluded from the definition of marijuana in the Controlled Substances Act (CSA). DEA thus does not enforce that provision as to such products.”
The simple explanation is that the DEA does consider Delta-8 THC and all hemp and CBD products to be Schedule 1 Drugs, but has no authority to enforce that provision to any except Delta-9 THC.