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Is Delta-8 Legal in TX?

Delta-8 THC is legal in Texas according to the Farm Bills and Texas state law. Delta-8 has earned itself a healthy reputation in the modern cannabis market, offering a federally legal high, even in states that have not adopted medical or recreational legislation. This article will discuss Delta-8’s legal status and the Lone Star state. 

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid. That just means it is a substance that comes from the cannabis plant, and there are hundreds of them. When cannabinoids are consumed, they interact with and have an effect on the human endocannabinoid system (ECS). 

The ECS involves the cannabinoids as neurotransmitters that affect cannabinoid receptors throughout the human body. ​​Research is ongoing, but it appears to be involved in regulating physiological and cognitive processes, immune system activities, appetite, pain-sensation, mood, and memory, and in mediating the pharmacological effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which we’ll look at next. Most states including Texas have been onboard with Delta-8 and its benefits. Since Texas has not been able to legalize or extensively decriminalize marijuana, Delta-8 can be a great alternative for those looking to benefit from the cannabis plant.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis.

An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties. 

In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Delta-8 and Delta-10 share some of the effects of Delta-9, presumably from these inherent similarities.

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes called industrial hemp. The 2018 Farm Bill (see below) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Federally legal hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. Delta-9 THC is the only specific cannabinoid mentioned in the Farm Bills that needs to be measured as the test for compliance. These and other cannabinoids from federally legal hemp are therefore federally-compliant for use in inhalable, edible, and topical products.

Why is Delta-8 so popular?

Marijuana in America is becoming more mainstream with so many states legalizing it for adult recreational use and medical use. For people in states that are still behind the times, cannabinoids from the hemp plant like Delta-8 are something they can legally use as an alternative.

For those in legal marijuana states, using Delta-8 can provide an easier experience, meaning it can be ordered online and is not as strong as weed products found in dispensaries that may require membership or other legal hoops to purchase.

Doesn’t the Farm Bill make Delta-8 THC legal everywhere? 

For many years in the U.S., cannabis was illegal, according to federal law, whether or not it contained THC, its main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

The 2014 Farm Bill removed hemp from the list of Schedule 1 substances, and was the seed of hemp’s recent resurgence. The Bill allowed long-forbidden production and research into hemp-derived cannabinoids to begin in earnest.

The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [2]. 

The federal farm bill legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and federal law still treats it as a controlled substance on the Drug Enforcement Agency’s Schedule 1 list.

This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Farm Bill defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products.   

To learn about Delta-8 THC in the states neighboring Texas, check out Is Delta-8 Legal in New Mexico?, Is Delta-8 Legal in Oklahoma?, and Is Delta-8 Legal in Arkansas?

For all 50 states, read Is Delta-8 THC Legal in Your State?

Delta-8 and Texas longhorns Earthy Select logo

Is Delta-8 legal in Texas?

Hemp-derived Delta-8 THC is legal in Texas, ie. not a controlled substance, according to the federal government as we learned above. What about a hemp product according to state law—is that legal in Texas?

In 2019 HB 1325 from the Texas legislature established a hemp program and defined hemp as having less than .3% Delta-9 THC, per the Farm Bill.

Two Bills actually attempted to ban Delta-8 in Texas in 2021 (HB 3498 and HB 2593) but failed.

Additionally, in 2021, the Texas Department of State Health Services (DSHS) filed a motion with the Texas Supreme Court to ban Delta-8 but it was denied, allowing Delta-8 to keep its legal status [3].

Is there medical marijuana or recreational marijuana in Texas?

Recreational cannabis

No, many Texans, even a majority, might want it but Texas state law prohibits a business from selling, and a person from possessing, marijuana in all forms, ie. smokables, edibles, etc. Only hemp plants, hemp products and THC products like Delta-8 THC are available to consumers in Texas.

Medical cannabis

Medical use is only allowed in the form of low-THC cannabis oil. It must have less than 1% THC and a user must have a doctor’s approval. Legislation allowing for medical use was first approved in 2015 [4].

Where to buy Delta-8 THC in Texas

You can likely find Delta-8 for sale in any smoke shop in Texas, and there must be thousands of such retailers in the second largest state in the union.

Ordering online is a super convenient option. Delta-8 THC is available in many forms, from 100mg Gummies to Cryo Pre-Rolls

Closing thoughts on Delta-8 in Tennessee

Texans love Delta-8 THC! For a wide selection and great service, ordering from Earthy Select is the way to go. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. Wikipedia: Endocannabinoid System
  2. HIA Position Statement on Delta-8 and Hemp Cannabinoids
  3. Delta-8 still Legal After Texas Supreme Court Decision
  4. Wikipedia: Cannabis In Texas

Earthy Select Delta 8 THC Pre Rolls

Frequently Asked Questions

Products with THC, even at low dosages, have the potential to produce psychoactive effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel high after using THC products. Please use them responsibly.

A certificate of analysis (COA) is a document attesting to a product’s laboratory analysis for cannabinoids, potency, and in some cases adulterants. It is a useful tool for a cannabis business to ensure quality and trust with customers, and to avoid confusion about products.

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if it’s only used once or twice. If used routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Yes, the Farm Bill permits this at the federal level. Though products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.