After the passage of the 2018 Farm Bill, the responsibility fell to each individual state as to how to regulate the hemp derived Delta-8 cannabis for themselves. Texas, a state notorious for their strict prohibition of cannabis, surprisingly allows D8 THC products, but that may not remain the case for very long.
The History of Delta-8 in Texas
D8 products fall into a legal limbo in Texas. While there are no laws or regulations expressly prohibiting the sale or consumption of these products, there is also no legal framework in place that allows them either. The Texas Department of Health and Human Services declared these products to be a Schedule 1 drug, and therefore illegal. This ruling was challenged by Delta-8 manufacturers and sellers, claiming that it violated the new federal law. A hearing to determine the legality was scheduled for January 2022, but has not yet occurred.
The Legal Framework Going Forward
At this time, Delta-8 products are available in Texas, but that does not mean consumers are safe. So far two bills, HB 2593 and HB 3948, trying to prohibit the sale of D8 have died in the Texas legislature. The flower from Delta-8 cannabis is indistinguishable from Delta-9 cannabis unless it is put through thorough laboratory testing. This means that if a police officer finds an individual in possession of Delta-8 cannabis, that individual may be in just as much immediate trouble as if they possess standard cannabis. In a state like Texas, it may not be
worth the risk.
1. Hemp Production and the 2018 Farm Bill. (2019, July 25). U.S. Food And Drug Administration.
2. Texas State Law Library. (n.d.). Guides: Cannabis and the Law: Recreational Use.
3. HEALTH AND SAFETY CODE CHAPTER 443. MANUFACTURE, DISTRIBUTION, AND SALE OF CONSUMABLE HEMP PRODUCTS. (n.d.).
4. Texas Legislature Online – Website Error. (n.d.-b).
5. Texas Legislature Online – Website Error. (n.d.).