Is Delta-9 Legal in Texas?

What Is Delta-9 THC?

As stated in Section 24.1(17) of the Texas Administrative Code, Delta-9 tetrahydrocannabinol (Delta-9 THC), a prominent THC isomer, is the primary psychoactive component of Cannabis sativa plants. Delta-9 THC can be extracted from hemp and cannabis plants and used to manufacture gummies, edibles, topicals, and smokable products. When consumed, Delta-9 THC can boost a user’s feeling of wellness and relaxation. This effect is beneficial for recreational cannabinoid users and persons with sleeping difficulties. Delta-9 THC is sometimes recommended for treating medical conditions such as post-traumatic stress disorder (PTSD), severe pain, anorexia, and nausea. Some side effects associated with Delta-9 THC use are anxiety, paranoia, dry mouth, tachycardia, dry eyes, fatigue, diarrhea, dizziness, and appetite changes.   

Is Delta-9 Legal in Texas?

Yes. In 2015, Texas legalized Delta-9 THC sourced from marijuana for medical use through Senate Bill 339 (the Texas Compassionate Use Act). Per the provisions of this Act, marijuana products containing less than 1% of Delta-9 THC may be used for medical purposes. Cannabis is classified as a Schedule I controlled substance under the Texas Controlled Substances Act. Therefore, only medical marijuana patients registered under the Texas Compassionate Use Program (CUP) can legally purchase and use cannabis-sourced THC products. Marijuana is illegal for recreational use in the United States due to its classification as a Schedule I controlled substance under the U.S. Controlled Substances Act. As a result, Texas residents cannot ship marijuana-sourced Delta-9 THC products into the state.

After President Trump signed the 2018 Farm Bill (Agriculture Improvement Act of 2018) on December 20, 2018, hemp and its derivatives became legal in the United States. Hemp-sourced Delta-9 THC products containing a maximum THC concentration of 0.3% can be sold in Texas and shipped into the state. The Texas Hemp Farming Act (House Bill 1325), signed into law in June 2019, permits the sale of hemp-derived THC products in retail stores and online, provided they do not contain over 0.3% THC. In line with Section 443.001 of the Texas Health and Safety Code, residents must register with the Texas Department of State Health Services (DSHS) before selling ingestible hemp products.              

What is the Difference Between Delta-8 and Delta-9 THC?

Delta-8 THC is one of the psychoactive cannabinoids found in cannabis plants at lower levels than Delta-9 THC. Since Delta-9 THC is more abundant in marijuana plants, its extraction process is easier. Conversely, the process of extracting Delta-8 THC from Cannabis sativa plants is complex because it only occurs in trace amounts. The Delta-8 THC products in stores are usually manufactured synthetically from cannabidiol (CBD), a non-psychoactive cannabinoid found in hemp and marijuana plants. Delta-9 THC is approximately two times more potent than Delta-8 THC, and its psychoactive effects set in quicker than those of Delta-8 THC after consumption. Cannabinoid users usually experience more intense side effects after consuming Delta-9 THC products than with Delta-8 THC products. Users looking for the medicinal effects of THC, such as anxiety reduction and pain relief, often opt for Delta-8 THC products.     

Delta-9 vs Delta-10

The molecular structures of Delta-9 and Delta-10 THC molecules differ in the position of the double-bond found in their carbon rings. As a result, Delta-10 offers users a milder psychoactive experience than Delta-9 THC. Delta-9 THC and Delta-10 THC are available in hemp and marijuana plants, but Delta-9 THC occurs in higher amounts than Delta-10 THC. 

How Long Does Delta-9 Stay in Your System?

Typically, users experience the psychoactive effects of Delta-9 THC products for 3 - 6 hours after consumption depending on their metabolic rates and the amounts of Delta-9 THC ingested. Delta-9 THC can show up on a drug test if its metabolites are still present in a user’s system after consumption. The metabolites of THC isomers such as Delta-9, Delta-8, and Delta-10 THC are similar, so drug tests cannot differentiate these THC compounds. THC is usually detectable in the blood for approximately 24 hours in saliva, 12 hours in the blood, one month in urine, and 60 days in hair follicles.   

Where Can I Find Delta-9 Gummies in Texas?

Delta-9 THC gummies are safe to consume and can make a user feel high. In Texas, retailers of hemp-derived Delta-9 gummies and other ingestible hemp products are required to register under the state’s consumable hemp program. Residents may purchase Delta-9 gummies online or at local retail shops.