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Is Delta 8 Legal In Texas? Updated 2022

Texas flag with legal gavel on top

When you think about Texas, you might conjure images of an anti-hemp state, at least as far as consuming it goes. And you wouldn’t really be wrong. You may be surprised to learn that delta 8 THC, as of this writing, is legal to purchase in Texas. Even more surprising for some, there is a Texas Department in place — that expanded in September 2021 — called the Texas Compassionate Use Program. This program isn’t necessarily for delta 8, but it is the state’s program for low-THC hemp use. A tiny step in the right direction for delta 8 Texas.

When you ask the question, is delta 8 legal in Texas, you must know that hemp laws in so many states aren’t cut-and-dry. Oftentimes, it’s downright complicated trying to understand all the political jargon and misalignments within the state, and then between the state and federal laws. Whew! 

Good thing we’re here to help you dig into this confusion so, hopefully, you come out on the other side feeling more confident in your delta 8 THC purchases in the Lone Star State. 

Before we jump into the hemp flower laws in Texas, let’s touch on what delta 8 THC is.

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What Is Delta 8?

What is delta 8? As you’ve likely guessed, delta 8 THC is a minor phytocannabinoid derived from the hemp plant and is thus different from medical marijuana. Is delta 8 legal in Texas or is it a controlled substance? Well, the answer to that requires understanding the difference between delta 8 and delta 9. In case you didn’t know, delta 8 THC and delta 9 are both a type of tetrahydrocannabinol — that’s right, they’re both THC (gasp!). But! Delta 8 THC is a minor phytocannabinoid, while delta 9 or medical cannabis is a major compound. This difference between cannabis plants and hemp plants makes all the difference. 

The federal law you read about, originating with the 2018 Farm Bill, declares that products that contain delta 9 — not delta 8 THC — tetrahydrocannabinol must be below the federally legal limit of 0.3% or will be considered a controlled substance.

Of course, states can make up their own rules which are slightly confusing, but on a federal level, delta 8 THC is completely legal. 

If you’re wondering about the legality of delta 8 THC in your state, read this article: Is Delta 8 Legal?

How does delta 8 THC work, you ask? Well, it’s a complex process. Essentially, delta 8 THC interacts with the CB1 and CB2 receptors in the body, just like the other phytocannabinoids found in hemp. These receptors signal messages to the endocannabinoid system that helps regulate the central nervous system. Delta 8 is believed to bind with the receptors and mimic the compounds naturally produced by the body or block and limit receptor activity.

Of course, there’s much more to it, and you can read about it in our other articles. Right now, we want to offer more information about delta 8 THC in Texas. 

  • Is delta 8 THC legal in Texas?
  • Are edibles legal in Texas?
  • Is hemp legal in Texas? 

Come on, Texas. Let’s hear what you’re all about regarding this powerful plant and the hemp laws in Texas. 

Is Delta 8 THC Legal In Texas?

Is delta 8 legal in Texas? It’s a simple question, and not always with a simple answer. The legality of delta 8 Texas was called into question at a recent hearing. The Texas Department of State Health Services, Stephen Pahl, gave testimony that Texas views delta 8 THC as a Schedule 1 drug, and therefore illegal, although they have adopted its legality below 0.3%, along with delta 9 consistent with federal law. 

When the federal government makes changes to the Controlled Substances Act, states have the choice to accept or reject new provisions. Well, the DEA did make changes that included narrowing down the definition of “hemp extract” to pertain to only delta 9 THC, not delta 8 THC. So in a very Texas nature, Pahl, along with Commissioner John Hellerstedt, both state their objections to this change and claim that delta 8 THC is technically illegal to possess or consume in Texas. 

While this might seem like a clear-cut answer to the question, is delta 8 legal in Texas, it’s not, actually. It still appears that delta 8 is legal in Texas as long as it’s compliant — i.e., less than 0.3% delta 9 tetrahydrocannabinol and cannot be from the cannabis plant. This is where third-party lab testing is essential - because you don't want to fail a drug test. Of course, in a state like this, where it seems that the rules change based on the person you ask, it’s worthwhile to move cautiously, so there aren’t any run-ins with the law about the legality of your delta 8 THC possession or consumption. 

Currently, you can buy delta 8 online in Texas, and you can also have it shipped to Texas. This is all according to state law and the current Farm Bill that makes delta 8 THC federally legal. This is great news for hemp consumers and hemp growers alike!

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Are edibles legal in Texas?

If you’re wondering about the legality of delta 8 in Texas, perhaps you’re wondering, are edibles legal in Texas? The answer, again, is: that depends. Some types of edibles in Texas are legal. Hemp is legal in Texas as long as it remains under the 0.3% threshold of delta 9. Delta 8 THC edibles are likely also legal currently as long as they are under 0.3% delta 9. It's a tricky business selling, possessing, or consuming hemp products in such a wishy-washy state. Do your due diligence, and know that even NBA stars have been arrested in Texas for something as simple as a grinder and some hemp residue found in said grinder. 

Are edibles legal in Texas? You’ll have to make that decision for yourself. If there is any tetrahydrocannabinol above 0.3% in those edibles in Texas, it’s likely a resounding no, don’t do it. You could face stiff penalties, which is most unfortunate. 

History Of Hemp Laws In Texas

You may be wondering, is hemp legal in Texas? Some kinds of it are. The Texas legislature states that compounds are legal as long as they have below 0.3% delta 9. Thankfully, some local districts have created their own rules and issued a temporary injunction to lessen the punishment of possession.

The hemp laws in Texas seem pretty clear in writing, which you’ll find below. 

Title 5 and Title 6 in the Texas Agriculture Code for the State Hemp Production Plan and the Health And Safety Code state: 

“Sec. 121.001. DEFINITION.

...“hemp” means the plant sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, compounds, 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.”

“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 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.”

According to these pieces of legislation, delta 8 THC is technically legal in Texas. It’s a challenging situation, which is why we can’t advise you on what’s right or wrong when it comes to answering the question, is delta 8 legal in Texas? 

The hemp laws in Texas seem pretty clear, but they are anything but.

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Delta 8 Legality In Texas - Conclusion

If you’re looking to buy delta 8 in Texas, and you’re worried, is delta 8 legal in Texas? We’ve got you covered. Since it is currently legal according to the code, even if the word of higher-ups disagree, you can purchase Delta North Delta 8 Gummies right here on our website and have them delivered to your front door. HHC is also legal in Texas. Edibles in Texas are legal as long as they are below the legal limit of 0.3% delta 9 tetrahydrocannabinol. We have hope for a friendly hemp future in the great state of Texas, and as the hemp laws in Texas slowly shift, so do the conversations. As much as people might try, there’s no closing the door on the hemp plant at this point.

Legal Disclaimer: You should always consult an attorney for the best legal advice regarding Delta 8 in your state, as the material shared here is for informational purposes only.

author avatar
Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.


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