This post answers the question, "Is Delta 9 Legal in Texas?". Get the important, updated facts about THC in The Lone Star State.
Delta-9 THC is not currently legal in Texas in large amounts, except for medical use under very limited circumstances. Texas has some of the strictest marijuana laws in the United States, and possession of any amount of marijuana, including Delta-9 THC, is illegal under Texas law. However, in June 2019, the state passed a law allowing the production and sale of low-THC cannabis products for medical use by patients with certain qualifying conditions.
These products must contain no more than 0.5% Delta-9 THC and at least 10% cannabidiol (CBD) by weight. It's important to note that Delta-8 THC and other THC isomers derived from hemp, which have different chemical structures and properties than Delta-9 THC, may be legal under federal law and certain state laws, including Texas, but the legality of these products can be complex and subject to change.
Always check your local laws and regulations before using or distributing them.
In August 2020, the Texas Department of State Health Services (DSHS) issued a notice that Delta-8 THC and other THC isomers derived from hemp were considered Schedule I controlled substances under Texas law, unless they were produced and distributed under the state's Compassionate Use Program.
The notice stated that these substances were subject to the same criminal penalties as Delta-9 THC and other controlled substances, including possession, manufacture, and delivery offenses.
However, this notice has been challenged by some in the industry, who argue that the 2018 Farm Bill, which legalized hemp and hemp-derived products at the federal level, also legalized all THC isomers derived from hemp, including Delta-8 THC and Delta-10 THC. Some businesses have continued to sell these products in Texas, citing the federal law and asserting that they are legal under Texas law as well.
The legal status of Delta-8 THC and other THC isomers derived from hemp in Texas remains uncertain and subject to ongoing debate and interpretation. It's important for individuals and businesses to do their own research and consult with legal experts before producing, distributing, or using these products in Texas.
At Voluntate, all products contain less than 0.3% Delta-9 THC on a dry weight basis. Keeping the THC levels low in hemp products can help minimize the psychoactive effects and potential risks associated with higher THC concentrations.
The most important thing to keep in mind when answering the question, "Is Delta 9 legal in Texas?" is that the answer depends on the specific context in which Delta 9 is being considered.
Delta 9-tetrahydrocannabinol (Delta 9 THC) is a psychoactive compound found in cannabis, and its legality in Texas depends on the amount and source of the compound, as well as the intended use.
For example, under Texas law, marijuana is still considered a Schedule I drug, and possession of any amount of marijuana, including Delta 9 THC, can result in criminal charges. However, the state of Texas has also legalized the production and sale of hemp-derived products that contain no more than 0.3 percent Delta 9 THC on a dry weight basis.
Therefore, if the context of the question pertains to the possession of Delta 9 THC in marijuana form, the answer would be that it is illegal in Texas. On the other hand, if the question pertains to Delta 9 THC in hemp-derived products that meet the state's legal requirements, the answer would be that it is legal in Texas.
It is important to consider the context of the question and provide accurate and relevant information based on the specific circumstances involved.
In conclusion, the legality of Delta 9 THC in Texas depends on the context in which it is being considered. While the possession of marijuana and any amount of Delta 9 THC is still considered illegal under Texas law, the state has legalized the production and sale of hemp-derived products that contain no more than 0.3 percent Delta 9 THC.
It is crucial to understand the legal and regulatory framework surrounding Delta 9 THC in Texas and to ensure compliance with the state's laws when considering the use or possession of Delta 9 THC or hemp-derived products. It is always recommended to consult with a qualified legal or healthcare professional for guidance on the specific circumstances involved.