Is Delta 8 THC Legal in Texas?

Legality of buying Delta 8 THC in Texas

View all Delta 8 THC Legal States Information

Delta 8 THC is legal in the State of Texas. Let's take a look at what Texas says about these products first and then we'll get into buying and selling them too! 

 

Yes, Delta 8 THC is legal in the State of Texas.

In Texas, Delta 8 is allowed. That’s right, it's not federally illegal like Delta 9 THC (though that could change soon). The 2018 US Farm Bill made CBD and Delta 8 THC both legal so long as the Delta-9 content remains under .3% as per federal law. However, some states have their own legislation on these products within their borders.

Current Texas Delta-8 Legislation

Hemp and derivatives of the cannabis sativa plant, including Delta-8 THC, are legal in Texas. The state defines hemp as any industrial hemp material containing less than 0.3% Delta-9-THC, defined more specifically to include cannabinoids and all acids with a THC concentration below this cutoff point.

In the Agriculture Code Chapter 121, it states the following:

In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

The amendment to state law make clear that Delta-8 THC derived from industrial hemp is legal as long as the Delta-9 THC level doesn't exceed the .3% level.

Texas Industrial Hemp Act

The Industrial Hemp Act authorizes the cultivation, manufacture, retail sale and inspection of industrial hemp crops and associated products such as hemp products as well as other edible parts of the plant and was signed into law in June 2019. The Texas Industrial Hemp Program is now overseen by the state's Department of Agriculture.

List of controlled substances

According to the Texas Controlled Substances Act, Delta-8-Thc from hemp is no longer classified as a Schedule I controlled substance in the state. The list of Controlled Substances in the state does not include hemp, or the tetrahydrocannabinols in hemp.

Buying and Shipping Delta 8 in Texas

Since Delta 8 is legal in the State of Texas, residents can buy D8 THC for sale with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to Texas:

Louisiana, Arkansas, Oklahoma, and New Mexico

Advocacy Groups in Texas Supporting Delta 8 and Hemp Laws

Texans are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Texas Cannabis Advocate

Texas NORML

News stories covering raids or busts on Delta 8 Products and stores in Texas

1/19/2022

Is Delta 8 THC Legal in Texas? We Explain

1/11/2022

'We Won Again': Texas Supreme Court Leaves Delta-8 Legal For Now, but The Fight's Not Over

1/10/2022

Victoria smoke shop owners divided on delta-8, look towards final ruling in courts

Texas Supreme Court Denies DSHS request to Ban Delta 8 THC

The Current State of Delta-8 Substances

12/29/2021

In Latest Crackdown on Anything Adjacent to Marijuana, Texas Gets Smokable Hemp Banned Again

12/22/2021

State Ban on Delta-8 Fails in Court (Again)

Delta-8 sales remain strong in Denton amid latest legal victory

Constable’s office seizes THC-laced edibles from Daisetta shop

12/15/2021

Texas Supreme Court Denies Delta-8 Hearing

12/14/2021

'We Won Again': Texas Supreme Court Leaves Delta-8 Legal For Now, but The Fight's Not Over

12/8/2021

After State Appeals, Delta-8 THC Is Back on Controlled Substance List in Texas

12/1/2021

Move Aside, Delta-8, Texas Smoke Shops Are Filling Up with Legal Delta-9 THC Products

11/30/2021

Delta-8 retailers rejoice after Austin judge grants temporary injunction

11/29/2021

Move Aside, Delta-8, Texas Smoke Shops Are Filling Up with Legal Delta-9 THC Products

11/24/2021

Texas hemp industry celebrates signals coming from DEA over delta-8

11/22/2021

HERE’S THE LEGAL DEAL WITH DELTA-8 IN TEXAS.

11/18/2021

Hemp, CBD businesses look to alternatives as delta-8′s legal future remains uncertain

11/17/2021

Delta-8 THC Is Illegal, the Texas Department of State Health Services Says

Delta-8 becomes legal again in Texas

11/15/2021

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas said delta-8 is illegal but state troopers haven’t made a single arrest

What the Heck Is Going on With Delta-8?

Confusion arises over delta-8 legality

11/12/2021

‘It was life-saving’: San Antonio veterans hope to keep delta-8 cannabis products on shelves in Texas

11/10/2021

What Is Delta-8? The Cannabis Extract Temporarily Legalized in Texas

11/9/2021

Delta-8 is legal in Texas — for now — after Travis County judge blocks state from criminalizing the cannabis extract

11/8/2021

Delta-8 debate continues in Texas as judge prepares to hear arguments for a temporary injunction

Texas veterans join fight against state's Delta 8 ban

Businesses in Limbo as Legality of Delta-8 Ban is Sorted Out

No decision from Texas judge on temporary injunction that sought to revert illegal status of delta-8

11/4/2021

Delta-8 Retailers Scramble as Texas' Ban Heads to Court

11/2/2021

Texas retailer suffers setback in legal challenge over delta-8

10/29/2021

Houston CEO suing Texas health department to stop Delta-8 THC ban

10/28/2021

Delta-8 users scramble after Texas DSHS clarifies this form of THC is actually illegal

10/26/2021

Delta-8 in Texas remains classified as "illegal" after judge denies request from hemp firm

Fight for recently banned Delta-8 hemp products moves to legal system

10/25/2021

Why did Texas ban Delta-8?

10/21/2021

Texas says popular cannabis extract, delta-8, is illegal, sending retailers scrambling

10/20/2021

Delta-8 THC is illegal, Texas Department of State Health Services says

10/19/2021

Interest is building in Delta-8 THC, but its scientific study is hampered by inconsistent rules 

10/15/2021

Delta-8 THC facts to know as sales increase in Texas

10/11/2021

Delta 8 has landed in Austin: What is it and who uses it?

10/8/2021

Delta-8 products now fall under MRA regulation

10/7/2021

Delta 8 THC product raising questions about legality, local prosecutions

9/23/2021

Texans Enjoy The High From Delta-8 As Legislators Debate Its Legality And Health Experts Debate Its Safety

9/3/2021

Delta-8 THC Compound Remains Legal In Texas Despite Federal, State Marijuana Bans

7/30/2021

A Surprising Marijuana Loophole? More ETX People are 'Feeling' The Delta

7/26/2021

Alumnus lights up Delta-8 business

6/10/2021

Texas coalition fights off ban on delta-8 THC as proposed law dies

Texas First State to Say ‘No’ to Delta-8 THC Criminalization 

6/7/2021

Texas legislature avoids outlawing Delta 8 and other THC products

6/4/2021

Advocates celebrate as bill outlawing Delta-8 cannabis product dies in Texas Legislature

6/1/2021

Texas Senate Fails to Vote on House-Approved Cannabis Concentrates Bill Before Session Ends

El Paso’s Joe Moody Has Become the Weed Savior of Texas

Bill to lower penalties for marijuana extracts dies a step from Abbott's desk

5/31/2021

Texas Bills To Expand Medical Marijuana Program And Require Psychedelics Study Head To Governor’s Desk

5/28/2021

Texas bill would reduce penalty for marijuana concentrates

Cannabis Bills Near Texas Lege Finish Line, Diluted and Distorted

5/26/2021

What is Delta 8 and is it legal in Texas?

5/25/2021

Texas Senate Votes to Study Therapeutic Potential of Psychedelics

5/24/2021

Potential Delta 8 Ban Is Government Overreach

5/23/2021

Texas Senate Approves Psychedelics And Marijuana Concentrates Bills

5/21/2021

CBD shop owners say proposed delta-8 ban could put them out of business

5/19/2021

Texas legislature considers marijuana legislation as the clock ticks on 2021 session

5/18/2021

Delta 8 THC: The new 'legal weed' that's flying off the shelves in Texas

Texas Senate Advances Bill To Lower Penalties For Marijuana Concentrates That Already Passed The House

5/17/2021

Demand for Delta-8 THC rises in Central Texas

5/6/2021

Here's Where You Can Find Some of the Best Delta-8 Products in North Texas

4/30/2021

Cannabis compound known as Delta-8 sparks debate

The Gift of Delta-8 on New 'What the Buzz” Podcast

4/27/2021

Delta-8 gaining interest in Borderland as legal alternative to marijuana products in Texas

4/19/2021

Everything I Learned About Delta-8 THC Being Legal in Texas

3/11/2021

If this bill passes, say yes to drugs. It's for the kids.

Mexico's Plan to Legalize Marijuana May Pressure Texas to Expand Medical-Only Restriction

 

3/5/2021

Texas hemp farmers mostly spared from winter storm as other ag segments suffered

 

2/27/2021

Texas Hemp industry facing growing problems

 

2/12/2021

Texas smoke shop owner accused of selling MJ says products were legal hemp

 

1/19/2021

Texas Smokable Hemp Hearing Postponed to March


Texas ‘hempire’ to grow as USDA publishes final rule on industrial hemp production

 

West Texas hemp could be more marketable in coming year

 

1/6/2021

Texas smokable hemp lawsuit delayed until March

 

1/5/2021

Cannabis reform in Texas: Industry leaders seek an end to THC limits for medical uses, reduced fees

 

12/8/2020

Texas hemp growers say legal and genetics barriers must be overcome to see industry take off