Delta 8 THC: Is it Legal in Texas?

Is Delta-8 THC legal in Texas?

According to the 2018 Farm Bill, passed by the Trump Administration, hemp products containing Delta 8 THC are perfectly legal. As long as they fall under 0.3% Delta-9 THC, they are perfectly legal products, just as legal as anything else a person could buy within the United States. But is Delta 8 THC legal in Texas?


There has been quite a bit of confusion lately, in particular concerning the legal status of Delta 8 THC. Clear as day, in the 2018 Farm Bill it is claimed to be legal, but now certain states, in particular those with a legal cannabis industry already established, are looking to outlaw Delta 8 altogether. 15 states in total have already banned or restricted Delta 8, with many others looking to join the fray as soon as possible.

Is Delta 8 Legal in Texas?


Unfortunately, one of the states that is looking to join these 15 states is Texas. Texas has one of the largest hemp markets in the country, in particular in the Delta-8 products. There are many small business owners, and farmers that are incredibly concerned about the states initial movements toward an eventual full Delta 8 ban. 


Mark Mavrikos, an owner of two CBD shops in Texas stated this to the Dallas Observer: “It’s been one of our top sellers for the past three months, people come in to get CBD, but they’ll also get the Delta-8, and they’re using them in conjunction together. … So, you’re getting a little bit of benefit from both products.” You can read more about Mark here. 


Is Delta 8 THC Legal in Texas?


Yes, as of June 3, 2021, Delta 8 THC is legal in the state of Texas. However, there are lawmakers as well as skeptics who believe that this incredibly beneficial cannabinoid will be banned in The Lone Star state sooner, rather than later.

This is obviously something that, at base value, does much more harm than it does good. The country is dealing with an opiod crisis, one that has been running rampant for quite a long time now, and it seems that the DEA (Drug Enforcement Administration) is taking the approach of having “bigger fish” to fry, in a sense.


Now, we here at Ghost Vapors are all for following protocol, testing our products, and making sure that we provide the cleanest possible product we can to our customers, one hundred percent of the time. However, there has been an increasingly large market for the Delta 8 consumer that is looking to get something quickly, and discreetly.


The problem is, that much like the CBD boom of the early 2010’s, there is an immense amount of black market, and counterfeit products. You can typically find Delta 8 THC now-a-days behind the register in most gas stations, near the performance pills, and a whole other slew of CBD products. These hemp derived cannabinoids have been under quite a bit of hot water.


Consumers are putting untested, unregulated products in their bodies, that is a cause for concern on the Federal level. There are codes, and laws to most things that we consume, so the government will look to control what they can.

The DEA Steps In…

The problem is, this is a country that has people overdosing on hard drugs such as Fentanyl, and Heroin, every single day. The concern for the hemp market currently, is that if the DEA has their way, Delta 8 will be considered a schedule one controlled substance. Meaning that it would be classified with:Heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (“Ecstasy”). 


DEA Logo
Drug Enforcement Administration


This is a far cry from the truth. Anyone that has ever consumed any hemp product, including Delta 8, would tell you that this DEA ruling is dated, inaccurate, and goes against the spirit of what the 2018 Farm Bill was attempting to achieve. 


Hemp plants have been shown to have tremendous value in general, both medically and industrially. The Farm Bill allowed for tetrahydrocannabinols in hemp, such as Delta-8 THC, and Delta 10- THC.


So, again, is Delta 8 THC legal in Texas? For the time being, yes, Delta 8 THC is legal in Texas. Here’s to hoping that lawmakers in Texas offer a better solution than banning a cannabinoid that helps an extraordinary amount of people.


UPDATE: As of 06/15/21, Texas House Bill 2593, which contained the provision led by State Senator Charles Perry to effectively ban Delta 8 THC in Texas, was struck down at the beginning of the month. 


State Senator Charles Perry


The legislative bodies in Texas were unable to reach an agreement that they felt was equitable and just. So, as of today, Delta 8 THC is legal under Texas state law and recent events point to it staying that way. HB 2593 has officially been struck from the record, hopefully for good.


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