Delta-8 Is Legal in Texas . . . for Now

Texas court affirms legality of Delta-8 products after health department neglects to alert retailers to changes in state laws.

Texans who buy Delta-8 THC will be happy to learn that this cannabinoid is once again legal in the state. Local shops may carry Delta-8 products and residents may buy Delta-8 in stores and online again.

But the reprieve may not last.

What is Delta-8 THC?

Delta-8 THC is a derivative of the hemp plant known for relatively mild psychoactive effects. It’s about two-thirds as intoxicating as Delta-9 THC, its more famous cousin. Although the psychoactive effects of Delta-8 are milder, it’s still an intoxicating substance, and some lawmakers don’t want to let people use it.

The benefits of Delta-8 extend past recreational use. Like Delta-9 THC, Delta-8 is often used to relieve stress, promote healthy sleep, and improve digestion. For people who need relief and live in states where Delta-9 is illegal, Delta-8 can be life-changing.

What does Texas law say about Delta-8 THC?

Currently, Delta-8 THC is a legal cannabinoid under federal law, a status conferred by the 2018 Farm Bill. The Farm Bill made all derivatives of hemp, including Delta-8 THC, legal to buy and sell so long as they contain no more than 0.3% Delta-9 THC.

Most states have simply adhered to federal law, allowing Delta-8 to remain legal. A few have gone a bit further. Louisiana established a regulatory framework for registering Delta-8 products.

In Louisiana, Crescent Canna’s Delta-8 Gummies were among the first adult-use THC products to be registered with the state’s health department. Crescent Canna’s LDH-registered Delta-8 products include 25 mg Delta-8 THC Sour Space Cadets and 30 mg Delta-8 THC Rocket Bites. These Delta-8 edibles are made with pure hemp-derived Delta-8 distillate, and are full-panel lab-tested for quality, potency, and purity.

Although Louisiana has embraced Delta-8 THC, some states, including Texas, have attempted to ban the compound.

In October 2021, the Texas Department of State Health Services added Delta-8 THC to its list of Schedule 1 controlled substances. But Texas shop owners selling Delta-8 didn’t get the memo that they were now selling something illegal.

Delta-8 THC: Again legal in Texas. But for how long?

In November 2021, a Texas judge blocked state legislators from classifying Delta-8 THC as a Schedule 1 substance. Judge Jan Soifer ruled that it would remain legal only because regulators had failed to properly notify retailers about the change in the law. Presumably, then, illegalization with proper notification would have passed muster.

So the resuscitation of legal status may well be temporary.

The ruling in favor of Delta-8 THC has come in response to two lawsuits: one by Hometown Hero, a retailer of Delta-8 products in Austin; and one by a hemp manufacturing facility in Houston. State lawmakers will probably try to get the recent ruling repealed. So it doesn’t look like the fight is over for businesses selling Delta-8 products in Texas. Not yet.

Legalizing Delta-8 made it super-popular super-fast.

Although discovered in 1941 and fully synthesized in 1965, Delta-8 THC has been on the market for just a few years. For decades, cannabis was criminalized in the United States, with both hemp and marijuana classified as illegal substances.

Once rendered legal by the 2018 Farm Bill, hemp-derived Delta-8 THC quickly became enormously popular. Despite being on the market for a much shorter time than most hemp-derived cannabinoids, Delta-8 is now second in popularity only to cannabidiol. Its psychoactive properties are a big part of its appeal, especially in states that prohibit the recreational use of marijuana.

One of Delta-8’s benefits is that it’s milder than Delta-9 THC. Not everyone appreciates high-THC strains of cannabis, some of which are more powerfully intoxicating than was standard just a couple of decades ago.

What can you do?

If you live in Texas and want Delta-8 to remain legal, get in touch with your state legislators and let them know. Delta-8 THC is fully legal in most states and fully compliant with federal law, so you can make a good case that Delta-8 should remain legal.

Learn more about Crescent Canna Delta-8 THC products here. Use code D8TX to get 25% off your next order of Delta-8 gummies or Delta-8 hemp flower.

WARNING: Keep THC products out of the reach of children and animals. THC products are for purchase and use only by persons 21 or older. Do not use THC products if you are pregnant or breastfeeding. Consuming THC products will impair your ability to drive and operate machinery. THC products may cause anxiety, confusion, headaches, and other adverse effects. Do not use THC products if you are taking medication or if you have a health condition before first consulting with a doctor.