Is Delta 8 THC Legal in Texas?

Danford Law Firm Feb. 18, 2022

It’s complicated! But yes, at least temporarily, although this can change at any time.

Although cannabis is generally illegal in Texas, “hemp” is legal. The law defines hemp as cannabis with a Delta 9 tetrahydrocannabinol (THC) concentration of less than .3% by dry weight. The cannabinol derived from low-THC hemp is known as CBD and is also legal.

Delta 8, on the other hand, is a different kind of THC. Chemically, Delta 8 is very similar to Delta 9. But Delta 8 is considered to have less psychotropic effect. Rather than being extracted from the cannabis plant, Delta 8 is usually extracted from CBD, where it is more plentiful.

After the legalization of CBD in Texas, the legal status of Delta 8 was ambiguous and many companies began selling Delta 8 products, including some with relatively high levels of THC. In response, the state government explicitly prohibited Delta 8 THC by listing it as a Schedule 1 controlled substance in October 2021. However, in November 2021, a judge blocked that ruling with an injunction. The government filed an emergency motion with the Texas Supreme Court, but the court chose not to hear the case.

For now, Delta 8 remains legal in Texas, but the fight is not over. Texans should be aware of potential consequences for possessing Delta 8 products. The legality of the products may change in the future and law enforcement officers may not know (or care to check) which kind of THC you have in your possession. If you are wrongly arrested or charged with possession of THC, contact our firm today.

The Danford Law Firm aggressively represents clients charged with Possession of THC and other crimes in Kerrville, Boerne, Fredericksburg, Junction, and throughout the Texas Hill Country. Our firm has successfully handled thousands of cases, represented hundreds of clients at trial, and won numerous cases on appeal. If you have been charged with possession of a controlled substance or any other crime, let us fight for you!