Is Delta-8 Legal in Texas?

What Is Delta-8 THC?

Delta-8 THC, also called Delta-8 or Delta-8 Tetrahydrocannabinol, is a cannabinoid found in the cannabis plant, occurring at significantly lower concentrations than Delta-9 THC. Although naturally occurring in the cannabis plant, it is often synthesized from other cannabinoids. Delta-8 THC differs in molecular structure from Delta-9 THC by the location of a double bond between its eighth and ninth carbon atoms rather than the ninth and tenth carbon atoms. Due to this altered structure, Delta-8-THC has a lower affinity for the CB1 receptor found in the human nervous system and, therefore, has a lower psychotropic potency than Delta-9 THC.

Delta-8 THC produces feelings of relaxation, euphoria, and pain relief, although such effects are much milder than the ones produced by Delta-9. For persons who prefer not to experience a pronounced "high", the lower potency of Delta-8 may be beneficial. Despite the benefits of Delta-8, potential side effects include memory loss, increased heart rate, dry mouth, red eyes, trouble with coordination, anxiety, and slowed reaction times. Pursuant to the 2018 Farm Bill, Delta-8 THC products are legal because they are primarily sourced from hemp plant parts with less than 0.3% Delta-9 THC.

Is Delta-8 Legal in Texas?

Yes. Hemp-derived products, including Delta-8 THC products, were legalized federally in 2018 through the Agricultural Improvement Act. In 2019, the state legislature passed HB 1325, which permitted hemp-derived Deta-8 products containing 0.3% Delta-9 THC or less to be sold or consumed in the state. However, in 2021, the Texas Department of State Health Services (DSHS) rebuffed the changes to hemp laws in the state and kept Delta-8 THC on the list of Schedule I controlled substances.

Later in 2021, a Texas district court judge (Jan Soifer) in Travis County ruled that the DSHS failed to follow state rule-making requirements when listing Delta-8 as an illegal drug. The court issued an injunction stopping the DSHS from prohibiting the use of Delta-8 in the state. The injunction will last until the official decision in the case. A final hearing for the matter was scheduled for January 2022 but has yet to occur. Hence, for now, Delta-8 remains legal in the state.

Delta-8 THC products are available in hemp shops and convenience stores in Texas and may be purchased online. Businesses located outside Texas may ship Delta-8 orders to buyers in the lone star state.

Delta-8 vs Delta-9

Delta-9 THC is often the THC isomer referenced when most people mention THC. It is the most abundant form of THC in cannabis. Delta-9 THC is also the most potent psychoactive cannabinoid, and it induces intoxication effects in the human body by interacting with the CB1 receptor. Delta-8, on the other hand, is an isomer of Delta-9. Isomers are compounds that have identical chemical formulas but different atom configurations.

Delta-8 THC has a reduced affinity for the CB1 receptor, resulting in a lower psychotropic potency than Delta-9. Compared to the psychoactive potency of Delta-9, Delta-8 THC is estimated to only be about 50%-75% as potent. Delta-8 THC is often referred to as "marijuana lite".

Delta-8 THC and Delta-9 THC both occur in marijuana and hemp plants. Delta-9 THC is more abundant in marijuana plants than hemp plants. According to the 2018 Farm Bill, hemp may contain no more than 0.3% Delta-9 THC. Delta-9 THC levels have been detected to be as high as 30% in some marijuana samples, while Delta-8 THC concentrations are usually not higher than 1% in raw marijuana plants. 

While Delta-9 THC occurs abundantly in marijuana, Delta-8 THC is generally produced from the CBD oil extracted from hemp flowers. From CBD oil, Delta-8 THC is then extracted and refined into a distillate. Both Delta-8 and Delta-9 share common therapeutic benefits and side effects. Both THCs may be used to stimulate appetite, aid sleep or relation, and ease nausea and chronic pain. Side effects of both THCs include anxiety, nervousness, and paranoia. However, compared to Delta-9 THC, a much higher dose of Delta-8 THC will be required to experience the same side effects.

Delta-8 vs Delta-10

Delta-10 THC is a cannabinoid that relieves stress and tension without creating acute paranoia, anxiety, or euphoric effects. Delta-10 THC is widely used in places where medicinal marijuana is not permitted. Delta-8 THC and Delta-10 THC both provide a mild high with soothing effects that are not as powerful as the psychoactive effects of other cannabinoids. In places where both isomers are legal, people use Delta-8 THC and Delta-10 THC medicinally or recreationally.

Delta-10 THC has been discovered to be less potent than Delta-8 THC while still delivering the psychoactive effects of a THC compound. Many individuals prefer Delta-10 THC since it does not create anxiety or paranoia like more potent THC isomers. Delta-8 THC is more potent than Delta-10 THC. Delta-8 THC's strength is determined by the CBN level, which is another cannabinoid that has psychoactive effects. Due to an associated increased CBN levels, Delta-8 THC effects last longer than most other cannabinoids, as CBN has been discovered to have more sedative effects than other cannabinoids. CBN helps you relax and may alleviate pain. Delta-8 THC effects are slower but last longer as a result of its psychoactive qualities, which may get stronger the longer you experience the effects.

How Long Does Delta-8 Stay in the Body?

Various factors determine the duration over which Delta-8 THC remains in your system. The first consideration is how much Delta-8 THC was consumed. The more Delta-8 THC you consume, the longer it will take for your system to clean up all THC metabolites. The second factor is the frequency of Delta-8 THC use. If you have only consumed it once and have not used it in many years, it will quickly be eliminated from your system. If you have been using Delta-8 THC for a long time, it may take several weeks to clear out of your system.

Also, your body type is important in determining how long Delta-8 THC will remain in your system. Delta-8 THC stays in the body for varying periods depending on your metabolism. Individuals with rapid metabolism may be able to eliminate Delta-8 THC metabolites from their systems in a few days, but persons with slower metabolism rates will require much longer periods to clear THC metabolites from their systems. 

Does Delta-8 Show Up on a Drug Test?

Yes. With Delta-8 THC being structurally similar to Delta-9 THC, it may show up on a drug test. Also, most drug tests are not sophisticated enough to differentiate between THC isomers. They mainly detect all THCs and their metabolites.

Typically, Delta-8 THC effects may only last a few hours in the body. However, its metabolites can remain in the system for up to 90 days following chronic usage. Blood, urine, and saliva tests typically reveal Delta-8 THC use a few hours to a few days after consumption. Hair follicle tests may reveal Delta-8 THC use for up to three months or longer.

Where to Buy Delta-8 in Texas

You may purchase Delta-8 THC products in Texas at vape shops, gas stations, and smoke shops. However, if you intend to purchase Delta-8 products from gas stations, it is recommended that you inspect the products thoroughly, as some of the Delta-8 products sold at gas stations are often adulterated.

Purchasing online is another option for Delta-8 consumers in Texas. You can buy directly from producers and cut out intermediaries by purchasing online. Getting adulterated products and products with false test results are less likely to occur when purchasing online. Also, online stores have greater product selection and usually provide customer reviews and third-party product test results. 

Delta-8 THC products such as gummies, tinctures, and vape cartridges are sold in Texas. Anyone aged 21 or older may buy hemp-derived Delta-8 THC products without a medical marijuana license. However, marijuana-derived Delta-8 THC products may only be purchased upon obtaining a medical marijuana license.