Is Delta 8 Legal in Texas? (2023 Updated Guide)
The legality of Delta 8 in Texas has been a subject of confusion since 2019 when lawmakers legalized hemp but left out the specifics about its derivatives – Delta 8, et al.
Delta 8’s legality in Texas was further highlighted after the Texas Department of State Health Services (DSHS) labeled Delta 8 as an illegal drug. Which resulted in an ongoing lawsuit with a dispensary called Hometown Hero.
While waiting for the court’s final ruling, let this article help you determine Texan law’s current stance on Delta 8 legality.
Key Takeaways:
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Is Delta-8 Getting Banned in Texas?: The 2023 Update
As of November 8, 2021, Delta 8 remains temporarily legal in Texas. You can buy and sell hemp-derived Delta-8 THC with less than 0.3% Delta-9 in Texas.
This was made possible after the court granted an injunction prohibiting DSHS from labeling Delta 8 as a controlled substance.
The court will give the final verdict on Delta 8’s legality according to the results of the June to July 2023 proceedings on the Hometown Hero lawsuit against DSHS.
| Fun Fact: A federal court in California ruled Delta 8 to be legal after deciding the substance falls under the legal definition of hemp. |
Medical cannabis is legal in Texas also, although in limited circumstances.
The Texas Compassionate Use Program allows Texans with the following condition to access cannabis tinctures with less than 1% Delta 9:
- Epilepsy
- Autism
- Cancer
- Post-traumatic stress disorder
Medical cannabis is mostly utilized by Texan patients to relieve symptoms and reduce the side effects of treatments such as chemotherapy.
On the other hand, the Texas Department of State Health Services bans the manufacturing of smokable hemp within Texas. The Texas Supreme Court upheld this decision in June 2022.
Can I Buy Delta-8 Legally in Texas?
Yes, you can buy Delta 8 legally as long as the product complies with the limits of the law and you’re 21 years or older. Present your state ID to any Delta 8 retailer, and they’ll let you purchase.
| Note: As of January 3, 2022, all hemp derivatives and cannabinoids, including Delta 8, are legal in Texas. |
Where to Buy Delta 8 in Texas?
Delta 8 retailers, smoke shops, and hemp shops are everywhere in Texas. Some convenience stores, wellness centers, and gas stations also offer them. Moreover, businesses outside Texas can ship orders within the state.
A quick Google search lets you easily find local retailers from cities like San Antonio, Houston, Dallas, Austin, Fort Worth, and more.
Brick and mortars offer various Delta 8 products in gummy, tincture, etc., in different dosages. However, if your desired product is nowhere to be found, buy through online stores like the DD8 shop.
Online stores are paid via debit and credit. The products are shipped right to your door also.
| Helpful Articles: Delta 8 products are legal in Texas, but there are measures to ensure the product is delivered safely and fast to your house.
Additionally, there are ways to get the best deals out of online Delta 8 shops. |
Can I Smoke Delta-8 in Public in Texas?
For those of you living in states where Delta-8 is legal, like Texas, you may be wondering—is it legal to smoke Delta-8 in public?
The straightforward answer to this is NO.
According to Hometown Hero, each state has its unique interpretation of using smokable hemp in public. In general, smoking any public product containing THC is prohibited.
You can carry legal Delta 8 products but can’t smoke hemp in public spaces like buildings and parks.
This doesn’t mean, though, you can’t consume Delta 8 anywhere else. You’re encouraged to smoke Delta 8 in your private space or another person’s private residence with their permission.
You can also smoke hemp in designated places like hemp cafes, restaurants, and some coffee shops.
Will I Fail a Drug Test Using Delta-8 in Texas?
Yes. Your chances of getting a positive drug test with Delta 8 in your system are high. It’s important to note that Delta 8 is categorized as THC, the same as Delta 9.
Most drug screening methods aren’t advanced enough to distinguish the molecular differences between Delta-8 and 9 cannabinoids.
It would be best to abstain from consuming any type of THC, including Delta 8 if you’re scheduled for a test.
If you have been using Delta 8 for a while and your drug test is scheduled sooner than expected, there are ways to prepare yourself for an upcoming drug test with Delta 8 in your system.
Conclusion
Delta 8 and its products are temporarily legal in Texas through the injunction made in 2021. The court’s final decision, which should be announced anytime, will determine whether Delta 8’s legality is here to stay.
Until then, it’s important to be updated with the current laws and regulations about hemp and Delta 8 in Texas.
