Is Delta 8 legal in Texas?

As more Texans are beginning to gain an appreciation for delta-8, many are wondering about its legal status. In this article we will cover the following topics:

  • What is delta-8
  • What made delta 8 popular
  • Is Delta 8 legal?
  • Will Delta 8 continue to be legal?
  • Top 3 Delta 8 products to buy
  • What to consider when buying Delta 8

What are Delta-8 THC?

Delta-8 THC cannabinoid is one of the most talked-about cannabinoids on the market today. But what is it exactly?

Delta 8, also known as Delta 8 THC, is a substance with psychoactive properties found in trace amounts in hemp and cannabis plants. Delta 8 THC is often compared to the more commonly known delta 9 THC, which results in an intoxicating high. Read more about the differences between delta 8 and delta 9 here.

Why is it so popular?

Hemp-derived cannabinoids have been around for more than 80 years. However, a brief search on Google Trends reveals that searches for the Delta 8 only skyrocketed since 2020. So why did it only get popular more recently?

While around for a long time its legal status prevented it from gaining mass popularity. Until the recent passing of the 2018 Farm Bill. This bill made hemp legal on the federal level.

The 2018 Farm Bill signed by Donald Trump legalized hemp at the federal level with a THC level less than 0.3% and its cannabinoids, including delta 8 THC.

Hemp containing THC level less than 0.3% is considered legal under Bill 2018.

This opening in regulation has allowed companies like Kind Grade to bring amazing delta 8 products to markets that haven't legalized recreational cannabis.

Is Delta-8 legal in Texas?

Marijuana is not legal in Texas. However, the 2018 state hemp laws and federal law legalized the cultivation of hemp and hemp-derived products with a THC concentration of 0.3% or less.

This means that delta 8 products derived from hemp are legal in Texas as long as they contain less than 0.3% THC. As such delta-8 has surged in popularity because it affords Texans the opportunity to get the high marijuana gives in a legal way.

The legal history in Texas has been complicated however:

  • Delta 8 was temporarily banned in Texas on January 20th, 2021. Retailers however managed to get a temporary injunction on the state's ban and this has so far been upheld.

  • A Travis County judge temporarily blocked Texas from classifying delta-8 THC as a controlled substance.

  • On May 19, 2022, the Ninth Circuit Court of Appeals issued a ruling that hemp-derived delta-8 THC falls within the definition of “hemp” under the 2018 Farm Bill.

Will Delta-8 THC continue to be legal in Texas?

The jury is still out on this topic. There are some positive signals: two bills which tried to criminalize delta-8 (HB-2593 and HB-3948), but provisions in those bills were stricken, and there appears to be no push to prosecute retailers selling it.

Another good sign is that DSHS asked the Texas Supreme Court to intervene and put the ban back on Delta-8 products in Texas. However, while initially a hearing was set for January 2022, it never took place, and the High Court so far has refused to hear the case.

Top 3 Delta-8 Products in Florida

Now that we got the question is delta 8 legal in Texas out of the way you must be excited to try some delta 8 products. In case you need some inspiration, here's a list of our top 3 favorites:

1. Cool Out Delta Infused Seltzer:

Do you enjoy sipping solo or socially? Each 12oz can of Cool Out is infused with 10 mg of Delta 8. This means that you can easily regulate the quantity that’s right for you. The best part? You can ship it right do your door in Texas!

This means that you can easily regulate the quantity that’s right for you. The best part? You can ship it right do your door in Florida!

2. Delta-8 Hometown Hero Gummies:

Each gummy comes packed with fruit flavor that melts on your tongue—no grassy aftertaste here. We love their mission of supporting veterans!

3. Eight Six Carts:

Eighty Six started as one of the premier Delta-8 stores in the industry with the launch of their premium Delta-8 vape cartridges. Their product is amazing and a must-try!

What to Consider When Buying Delta-8

Since 2018, cannabinoids have become lucrative. The rising demand for cannabinoids has resulted in the establishment of many cannabinoid companies. Some of which produce superior products while others are simply interested in making quick dollars. Therefore, it's important to know the difference between high-quality products and cannabinoid substances.

Quick Tips

Here are a few quick tips you should consider before selecting the best brand or products to use:

  • The source of the cannabinoid: The best products are those that are sourced from US-grown hemp. This is because the quality of hemp grown in the US is regulated by the Farm Bill. Hemp grown in other countries may not be subject to the same level of regulation. As a result, it may be of lower quality to the Hemp Industries Association.

  • The third-party laboratory results: People's opinions differ, but laboratory tests do not. The best products are those that have been tested by third-party laboratories. These laboratories test for things like CBD content. The presence of contaminants, making sure that you are well informed exactly what you are consuming and there are no doubts left.

  • What occasion are you purchasing it for? Consider the setting you wish to consume delta-8 in. One of the great advantages of trying a delta-8 seltzer is that they offer a way to remain socially engaged while enjoying the effects.

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