Is Delta 8 Legal In Texas?

Delta 8 Legal

Posted on October 31st, 2021

Have you heard about Delta 8? And do you wonder if cannabis is currently legal in the United States? Unfortunately, our answer may be confusing. At the federal level, you can legally use that contains less than 0.3% THC. Now THC, or tetrahydrocannabinol, is the cannabis plant compound that’s responsible for its psychoactive properties.

Still, each state creates its own cannabis and THC regulations. So while cannabis might be entirely legal for distribution, sale and use in some states, it remains restricted or illegal in others. And that’s why this substance is only allowed in some parts of the US.

What Is Delta 8 THC? Delta 8 Legal

THC is a compound called a cannabinoid; it’s found in all cannabis plant variants. Delta 8 THC is an isomer of Delta 9 THC. (That’s the  one with the psychoactive properties.)

Delta 8 interacts with the CB-1 receptors in your endocannabinoid system (ECS) in the human body. And that makes you feel euphoric, calm and relaxed.

Early research suggests that Delta 8 may also offer some health benefits. Using this substance could reduce the symptoms of nausea and vomiting. Some people find it reduces their feelings of anxiety. Plus, Delta 8 may increase your appetite, offer pain-relieving properties or even protect your brain and help regenerate your neurons.

What Is The Difference Between Delta 8 and Delta 9 THC?

We’ve always associated THC with psychoactive cannabis properties. But, thanks to recent discoveries, we now know that there are different forms of this cannabinoid. Scientists identified Delta 9 THC as the main component causing feelings of euphoria. And it’s also what gets you “high.” For that reason, Delta 9 is illegal in many states. And it’s classified as a controlled substance.

Delta 8, on the other hand, has milder psychoactive effects than Delta 9. The only real difference between the two is the placement of a carbon bond. But this tiny difference in chemical structure makes a big difference on the effects each substance has on your brain.

Because Delta 8 has a milder psychoactive effect, many people assume that it’s not as potent as Delta 9. So they may also assume that it’s illegal. However, it still has psychoactive effects. Which is why Delta 8 is also classified as a Schedule 1 controlled substance, just like Delta 9 THC.

Is Delta 8 THC Legal In Texas? Delta 8 CBD

Until recently, Delta 8’s legal status in Texas was confusing. At first, the Texas Bill allowed for trace amounts of Delta 9 THC without mentioning Delta 8. But in late October 2021, the Texas Department of Health and Human Services clarified its website to ban both forms of THC.

Now, that information falls in line with what we hear from the Department of Justice. And its rule states that all forms of THC are classified as Schedule 1 controlled substances. So it’s illegal to distribute, sell, buy, use or have THC on your person.

Of course, thanks to the Farm Bill, hemp or cannabis products with THC concentrations less than 0.3% are legal. At the moment, anyone selling Delta 8 products with a THC concentration greater than 0.3% can be prosecuted.

How Does THC’s Legal Status Affect CBD?

CBD is another major cannabinoid that is found in the cannabis plant. However, CBD has none of the psychoactive properties the different derivatives of THC and is therefore legal in most states. But this does not mean that all CBD products are safe and do not contain any THC.

Although the law currently states that CBD and hemp products may not contain more than 0.3% of the psychoactive components of cannabis, this is not always the case. In addition, processes have been found to change the chemical structure of CBD and turn it into Delta 8. These processes are relatively simple and basically require the addition of an organic solvent for 60 to 90 minutes to create synthetic Delta 8 THC.

What Are The Penalties for Schedule 1 Substances?

The penalties for distributing, selling, buying or being in possession of Delta 8 THC are the same as for any other Schedule 1 controlled substance. Charges can range anywhere from possession, possession with intent to trafficking and can result in prison time as well as significant fines.

What Are The Concerns Regarding THC?

There are many concerns regarding the fast rise in popularity of Delta 8 THC. The main concern is obviously with regards to the psychoactive properties and cognitive impairment that can result from use. Another major concern is the lack of research and testing that has been performed on the substance. Currently, it is not possible to scientifically verify the effects and side-effects of Delta 8 nor is it possible to determine dosage, contraindications and interactions.

As a result, there is a concern that Delta 8 buyers and users are being treated as guinea pigs with no certainty of what the outcome will be. Product toxicity is also a major concern where producers and distributors of hemp and CBD products are not adhering to the 0.3% law for Delta 8 but only Delta 9.

Will THC’s Staus Change In Texas?

It is unlikely that any THC will become legal in the state of Texas. It is more likely that stricter laws will be passed to confirm the current classification as a Schedule 1 controlled substance. A recent request for a restraining order against Texas health officials for banning the sale of Delta 8 was denied by a state district judge in Austin.

It is also clear that the Texas Department of State Health Services has already made moves to better regulate and halt the distribution of Delta 8 products that are available on the market. This includes edibles such as supplements and gummies, topical oils, creams and lotions as well as inhalants such as vape juices or raw cannabis that can be smoked or atomized.

Delta 8 is not legal in the state of Texas for production, distribution, sale, purchase or possession and offenders will be prosecuted to the full extent of the law.

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