Is Delta 8 Legal in Texas?

is delta 8 thc legal in texas

The U.S. has seen a surge in the sale of Delta 8 products, a psychoactive compound derived from the Cannabis Sativa plant. Texas has strict laws prohibiting the use of cannabis, but 24 states and the District of Columbia have legal recreational marijuana, although it is a Schedule I drug. However, Delta 8 THC derived from hemp rather than marijuana is a federally legal alternative.



Hemp and marijuana differ from one another by their THC levels. The 2018 Farm Bill removed hemp containing less than 0.3% THC from the list of controlled substances.

Critics accuse companies of taking advantage of this loophole and selling unregulated and intoxicating products in various Delta 8 shops and websites across the U.S. Result: many states have started to impose stricter regulations on the sale of hemp derivatives like Delta 8 THC. Hence, laws related to the manufacture, sale, and use of Delta 8 THC continue to evolve.

Here are a few examples:

  • September 2023: Federal judge blocks state's new law banning Delta 8 THC products.
  • September 2023: A court of appeals decided that the popular cannabis product can remain legal in the state.
  • October 2023: Maryland judge allowed shuttered recreational hemp businesses to reopen.

What is Delta 8 THC?

Delta 8 tetrahydrocannabinol (THC) is among the 100+ cannabinoids occurring in the cannabis plant (hemp and marijuana). Since the plants contain Delta 8 in small amounts, manufacturers mass-produce it in concentrated amounts from CBD (another hemp-derived cannabinoid). CBD is non-psychoactive but can be altered to create psychoactive substances.

The products are varied, including Delta 8 pre rolls, gummies, tinctures, and vapes. The problem is that the U.S. Food and Drug Administration (FDA) does not assess or approve of them. According to the FDA, any Delta 8 product claiming to diagnose, cure, mitigate, treat, or prevent diseases is considered an unapproved new drug.

delta-8 thc legal status by state

After over a hundred reports on the adverse effects consumers experienced after consuming low-quality cannabis products from untrustworthy manufacturers, the agency, in May 2022, issued warning letters to five Delta 8 product manufacturers for violating the Federal Food, Drug, and Cosmetic Act.

Customers who want to buy Delta 8 online from an unknown brand must research and be careful who they buy from. We advise consumers to ask for a certificate of analysis (CoA) to ensure the products are devoid of harmful chemicals or contaminants.

Delta 8 THC: Benefits and Legal Status Explained

The Present Look at THC

Right now, Delta 8 THC is federally legal, but only in a few states. Delta 9 THC is federally illegal but legal for medical or recreational use in many states.

Texan laws are specific and regulate the possession and use of Delta 9 THC products and differentiate between low-THC products and THC-infused products derived from low-THC cannabis. However, since Lone Star State does not specifically discuss Delta 8 THC, consumers can find a wide variety of products, from Delta 8 joints to Delta 8 THC oil, in their locality.

Length of Delta-8 High: What to Expect

The Takeaway

We discussed everything you need to know about the legality of Delta 8 Texas. The bottom line is that you can legally buy and use D8. Just be careful not to smoke in public because law enforcement will be unkind enough to charge you. Also, if you want assured quality and safe products, you know where to look.

Happy Delta shopping with Green Herbal Care!


Frequently Asked Questions

Can you buy Delta 8 in Texas?

Yes, you can buy Delta-8-THC-infused products in Texas. It is federally legal, and Green Herbal Care is one of the most reliable brands to sell premium Deta 8 gummies, tinctures, and vapes in the state.

Is Delta 8 bad for you?

Delta 8 THC has mild psychoactive effects and may pose adverse effects on overuse, similar to Delta 9 THC. Consult a healthcare professional for personalized advice.

Why is Delta 8 legal in Texas?

A legal loophole allows the sale of hemp derivatives like Delta 8 THC in Texas. The only strict requirement is that the product contains less than 0.3% THC.

Can you smoke Delta 8 in Texas?

Yes, you can since they are legally available for sale and consumption in Texas. However, local laws and regulations are strict on public smoking or driving under the influence, which users should be mindful of.

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