Is Delta-8 THC Legal in Texas? A Comprehensive Guide

Is Delta-8 THC Legal in Texas? A Comprehensive Guide

Delta-8 THC, a compound from hemp, is causing some confusion in different states about its legality. Texas, known for its strict drug laws, is no exception. Considering the federal Farm Bill and Texas-specific rules, this guide will explore whether Delta-8 THC is legal in the Lone Star State.

What Is Delta-8 THC?

Delta-8 THC is a compound found in cannabis that can give you a mild, less intense high compared to regular marijuana. It's often made from hemp, which has lower levels of the psychoactive Delta-9 THC.

People like Delta-8 THC because it offers a more relaxed experience and may have some health benefits.

The Federal Farm Bill and Delta-8 THC

The 2018 Farm Bill was a big deal for hemp and its derivatives, like Delta-8 THC. It made hemp legal at the federal level if it had less than 0.3% Delta-9 THC by weight.

But here's the catch: the Farm Bill also lets states make stricter rules.

Texas and Hemp Laws

Texas had its say on hemp and its products. In 2019, Senate Bill 339 made hemp and its products legal in the state, putting the same 0.3% limit on Delta-9 THC as the federal law.

This limit is crucial when discussing the legality of Delta-8 THC in Texas.

Is Delta-8 THC Legal in Texas?

Delta-8 THC's legal status in Texas is unclear because the state law doesn't mention it. Instead, the law focuses on Delta-9 THC levels in hemp-derived products.

If a Delta-8 THC product has less than 0.3%, Delta-9 THC might be okay under state law. Many Delta-8 THC products on the market fit this description.

But things get trickier when making and selling these products in Texas.

Texas's Stance on Delta-8 THC Production and Sale

The Texas Department of State Health Services (DSHS) introduced some rules that make things even fuzzier. As of August 2, 2021, they said, "making or processing of hemp products that contains Delta-8-THC is not allowed."

This creates uncertainty about selling Delta-8 THC products in Texas. Some shops still sell them, while others don't want to risk it because of these new rules.

Law Enforcement and Delta-8 THC in Texas

The Texas Department of Public Safety (DPS) also has concerns about Delta-8 THC products. They said these products might be treated as controlled substances in the state.

This doesn't make things any more straightforward regarding Delta-8 THC's legal status in Texas.

Potential Legal Risks

The unclear legal status of Delta-8 THC in Texas brings risks for both users and businesses. If you're using Delta-8 THC products, you might not know where you stand legally. Companies that sell these products must decide whether to keep selling them.

Some shops choose to keep selling Delta-8 THC products, but they're taking a risk. Others don't want to deal with the uncertainty and stop selling them altogether.

The Future of Delta-8 THC in Texas

The future of Delta-8 THC in Texas is still up in the air. Changes in the law and regulations are likely, but it's hard to predict what they'll be.

People who support Delta-8 THC talk about its potential benefits and how it can be safer than regular marijuana. Others worry about its legality and safety.

The Texas legislature might step in to clear up the confusion about Delta-8 THC. But it's anyone's guess whether they'll make these products more regulated or ban them.


To wrap up, Delta-8 THC's legal status in Texas is complex and changing. While the federal Farm Bill made hemp and its products legal, Texas added its rules, creating confusion.

In Texas, what mainly matters for Delta-8 THC's legality is the amount of Delta-9 THC it contains. It might be legal in the state if it's less than 0.3%. But recent regulations and statements from Texas authorities make it hard to say for sure.

For now, people using Delta-8 THC and businesses selling it in Texas should be cautious. They must keep up with the ever-evolving legal landscape and consider consulting a legal expert for guidance. Changes might be coming, and they could bring more clarity to Delta-8 THC's status in the state. Until then, be careful about Delta-8 THC products in Texas.