Due to hemp`s federal status, all compounds derived from plant hemp (minus THC) are completely legal, including Delta 8. As mentioned earlier, Texas is following this federal decision and authorizing the sale, distribution, possession, and consumption of delta-8-THC under state law. As of now, Delta 8 THC is legal in all states. That being said, some states have specifically written laws banning the use of Delta 8 THC. Texas House Bill 2593, which sought to reduce criminal penalties for possession of THC concentrates, was controversially amended during Senate debate to limit the amount of all tetrahydrocannabinols to 0.3% per product. This change would have made illegal all products carrying Delta-8 with more than 0.3% under Texas law, which would have resulted in a huge financial blow to Delta-8 retailers and suppliers operating in the state. In 2019, Texas legalized hemp, but not marijuana. The new law has led to confusion as to which marijuana products are legal in Texas. Meanwhile, support for drug legalization remains high in investigations, and other cannabis-derived products such as Delta-8 have emerged. If you have been charged with possession of THC Vape, THC oil, THC wax, Shatter, Crumble or any other THC product, you will need a lawyer to defend your rights. Although these products are completely legal in a few states, they are still banned in Texas. John Leo and George Oginni of Leo & Oginni Trial Lawyers will tell you about your case during a FREE case assessment consultation. Call us now or send us a message if you are accused of possession or delivery of thc and need help.
The help is there! CBD American Shaman and other companies are suing Texas. CBD and cannabis companies don`t have to “circumvent” the law per se. It is legal nationally under the 2018 Farm Bill. They just have to be very careful about how they conduct their business around the production, manufacture and distribution of delta-8-THC products since the DEA has been involved. This differentiation is important – and it has everything to do with the amount of THC (still a controlled substance if it is greater than 0.3%) present in the plant. Hemp typically contains less than 0.3% THC, while marijuana contains up to 15-20% THC on average. Since 0.3% is the legal limit, hemp is also legal. In a June 2018 university of Texas/Texas Tribune poll, 84 percent of state voters would legalize pot, either for medical purposes only (31 percent), in small amounts (30 percent), or in any amount (23 percent).
Second, the federal and state governments have specific laws that govern the use of various forms of THC. The use of Delta 8 THC may be legal in places where the use of Delta 9 THC is not the case. We will talk about this in detail in the next section. Gov. Greg Abbott and Beto OâRourke, the Democrat running against him in the gubernatorial race, have spoken out in favor of decriminalizing marijuana, with O-Rourke advocating for the legalization of the drug. Previously, Delta-8 was considered legal after Gov. Greg Abbott signed TX House`s Bill 1325, which legalized all hemp-derived compounds, provided they came from hemp plants containing no more than 0.3 percent. According to Ednas Unbaked CBD, a small but valuable Youtube channel hosted by its knowledgeable CEO, an anonymous Texas law enforcement official has confirmed that delta-8-THC is completely legal not only in the state of Texas, but in most states in the United States. Even the Drug Enforcement Division told him that Delta 8 is legal under state law, simply because Texas law complies with federal law under the 2018 Farm Bill. ● It can be used legally in leisure and medically.
Texas stores began selling delta-8-THC after the passage of the Federal Farm Bill of 2018, as well as House Bill 1325 in 2019, which legalized the cultivation of hemp containing less than 0.3% THC. Delta 8 falls into this category. However, the Department of Health and Human Services (DSHS) announced or later clarified that Delta-8 was classified as a planned controlled substance 1, a category reserved for drugs that have no accepted medical benefit, such as heroin. That is why it is currently in a legal vacuum. Although it is legal nationwide under the 2018 Farm Bill, Delta 8`s growing popularity as a “legal” hemp-derived high has caught the attention of the Drug Enforcement Administration (DEA). In recent years, a once little-known cannabinoid called Delta-8 THC has gained popularity due to its similarities to marijuana — especially in states where marijuana (with Delta-9 THC more than 0.3%) is illegal, such as Texas. Head to a smoke store or CBD retailer in Texas and there`s a good chance you`ll find this product on the shelves in the form of rubbers, vape cartridges, or tinctures. In its official platform, the Texas Republican Party supports the federal government, cannabis from a List I drug — drugs with high potential for abuse and no medical use — to a List II drug — drugs that have accepted medical purposes but still have a high potential for abuse.
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