Is Delta THC Legal in Texas?


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Texas Delta-9 THC Overview >
Texas Delta-10 THC Overview >

What is Delta THC?

Delta THC includes naturally occurring compounds or cannabinoids found in cannabis plants as well as other synthetic isomers. Although Delta-9 THC is the most popular isomer of the THC cannabinoid, there are other common THC isomers, such as Delta-8 THC and Delta-10 THC, that are also used for recreational and medical purposes. Besides these, other well-known Delta THC compounds include:

  • THC-O: THC-O is an isolate devoid of other cannabinoid components, including flavonoids and terpenes. The final product is a viscous oil that is often three times as potent as THC. However, the effects and advantages of this cannabinoid are little understood. THC-O produces an euphoric high and was declared illegal in the 2018 Farm Bill
  • THC-P: THC-P is derived from cannabigerolic acid (CBGA), often known as the "mother cannabinoid" from which all other cannabinoids are derived. THC-P will get users high as it is at least 30 times stronger than THC. THC-P is illegal per the 2018 Farm Bill
  • THCV: THCV, also called tetrahydrocannabivarin, is one of the most abundant forms of tetrahydrocannabinol in cannabis. One of the most significant distinctions between Delta-9 THC and THCV is that low doses of THCV often do not produce a "high." However, if increased doses of THCV are consumed, it tends to produce a "high" effect. Another distinguishing characteristic of THCV is that it tends to suppress appetite rather than enhance it. The 2018 Farm Bill prohibits the use of THCV
  • HHC: Also called hexahydrocannabinol, HHC is a semi-synthetic hydrogenated form of tetrahydrocannabinol. HHC is formed as a more resilient THC through the hydrogenation process and possesses a longer shelf life than THC. HHC is psychoactive and can get users high
  • THCh: THCh (Tetrahydrocannabihexol) is a naturally occurring cannabinoid found in hemp plants. It is believed to be about 10-15 times more potent than THC
  • THCjd: THCjd is a naturally occurring cannabinoid found in small concentrations in hemp plants. THCjd has many of the benefits and effects of Delta-9 THC and can enhance the appetite of its consumer. THCjd is known to be 19 times more psychoactive than THC
  • HHC-O: HHC-O is an acetate variant of HHC. HHC-O can be formed from Delta-9 THC by saturating THC molecules with hydrogen in a process called hydrogenation. This process alters the molecular geometry and weight of THC molecules and causes HHC to be more stable. This stability ensures that the shelf life of the cannabinoid is extended and protects it from breaking down into other cannabinoids like Delta-9, which degrades over time. HHC-O is about 1.5 times more potent than Delta-8 THC


THC and CBD are two common cannabinoids found in cannabis plants. This means that both hemp and marijuana contain THC and CBD even though hemp, by definition, can only contain THC not exceeding 0.3% on a dry weight basis per the 2018 Farm Bill.

THC is a psychoactive cannabinoid that produces a high sensation in its consumers. Both THC and CBD interact with the body's endocannabinoid system but have varying effects. Although they have similar molecular structures and contain the same elements (2 oxygen atoms, 21 carbon atoms, and 30 hydrogen atoms), there is a slight difference in the arrangement of the atoms, which accounts for varying effects on the body. Since THC and CBD are chemically similar to the human body's endocannabinoids, they can interact with the body's cannabinoid receptors. Such interactions impact the release of neurotransmitters in the brain. Neurotransmitters are chemicals in control of relaying messages between cells in the nervous system; they play a significant role in pain, immune system function, stress, and sleep.

While THC is recognized as the main psychoactive cannabinoid in cannabis, CBD is also psychoactive but not in the same manner as THC. CBD does not produce the "high" sensation associated with THC. CBD can help with treating seizures, depression, and depression. It can also help reduce the unwanted psychoactive effects of THC, such as sedation and euphoria. Hence, some people prefer to use CBD due to a lack of intoxicating effects. In 2018, the United States Food and Drug Administration (FDA) approved Epidolex, the first prescription medication containing CBD to treat severe and rare forms of epilepsy. The therapeutic benefits of THC include treating glaucoma, low appetite, nausea, insomnia, muscle spasticity, and chronic pain.

THC and CBD are cannabinoids that are stored in the body's fat. Therefore, they may show up on drug tests for several weeks after use. All drug tests cannot detect CBD; however, CBD-sensitive tests are available. As most routine drug tests are designed to detect compounds linked to THC, THC or marijuana use may show up on a drug test. Furthermore, hemp also produces small amounts of THC in addition to CBD, so a drug test may be positive for THC even if you have not consumed marijuana.

What is Delta-8 THC?

Delta-8 THC is a psychoactive isomer of THC found in small amounts in cannabis plants, of which hemp and marijuana are two varieties. Delta-8 THC is typically manufactured from hemp-derived CBD. While not as potent as Delta-9 tetrahydrocannabinol, Delta-8 THC creates similar effects as Delta-9 THC. When taken in small amounts, Delta-8 THC produces no euphoric effect. However, when used in greater quantities, it has the potential to get users high. Due to a similar chemical structure to the Delta-9 THC, Delta-8 THC also has an addictive potential.

Delta-8 THC may be consumed through edibles, oils, vapes, or flowers. The benefits of Delta-8 THC include its ability to reduce anxiety, stimulate appetite, ease nausea, aid relaxation and sleep, and ease chronic pain and inflammation through its analgesic properties. Delta-8 THC can induce similar side effects as Delta-9 THC, such as anxiety, paranoia, and nervousness. However, for side effects to be experienced, a large dose of Delta-8 THC is usually required, much larger than would be required with Delta-9 THC.

Delta-8 THC can show up in a drug test for up to 30 days after use. However, the actual period Delta-8 THC stays in the body depends on the consumer's metabolic rate, frequency of THC use, and body mass index.

Is Delta-8 THC Legal in Texas?

Although the 2018 Farm Bill permitted licensed retailers in the United States to sell Delta-8 THC products, the Texas Department of Health and Human Services in October 2021 added Delta-8 as a Schedule I Controlled Substance, making its use illegal within its jurisdiction. However, a Travis County judge issued a temporary injunction that stopped the state from classifying Delta-8 THC as a controlled substance. Hence, consumers can legally purchase Delta-8 THC products in Texas for now without facing penalties. In Texas, all Delta-8 THC products containing less than 0.3% THC may be purchased from online and physical stores approved by the state.

What is Delta-9 THC?

Delta-9 THC is the most common cannabinoid found in the hemp plant. It is recognized as the primary psychoactive compound in cannabis, which causes cannabis consumers to feel "high." Delta-9 THC can be used to treat conditions such as nausea, seizures, muscle spasticity, low appetite, PTSD, chronic pain, and symptoms associated with HIV and AIDS. Side effects of overdosing on Delta-9 THC include paranoia, motor skill issues, mental fog, anxiety, and nausea. Hence, Delta-9 THC can produce severe psychoactive effects in high doses.

Even though its psychoactive effects only last a few hours, Delta-9 THC may be detected in the human body for several days after consumption. Hair follicle tests may detect Delta-9 THC in a user’s hair for up to 90 days after use. Saliva tests are typically used to detect same-day THC use. Even then, a saliva test may detect Delta-9 THC in the oral fluid of the consumer for up to 72 hours after use. Urine tests may detect Delta-9 THC use between 3 and 30 days depending on how frequently and heavily the substance was taken. Blood tests may also be used to detect recent Delta-9 THC use, typically for up to 12 hours. For heavy Delta-9 THC users, drug tests may be able to reveal THC in the body for more than 30 days after their last use.

Is Delta-9 THC Legal in Texas?

In accordance with the 2018 federal Farm Bill and HB 1325, Delta-9 THC is legal in Texas, provided the products sold do not contain more than 0.3% THC. However, patients registered in the Compassionate Use Registry of Texas (CURT) may purchase Delta-9 THC products containing up to 0.5% THC. Delta-9 THC products are available as tinctures, vapes, gummies, pre-rolls, and edibles.

What is Delta-10 THC?

Delta-10 THC is a THC compound found in cannabis plants. Like Delta-9 THC, Delta-10 THC can get users high but it is less potent than the more popular Delta-9 THC. Delta-10 THC is typically processed from hemp-derived CBD and is available in gummies, vape carts, and other forms of edibles. Delta-10 THC is safe to consume; however, it is recommended that consumers only take Delta-10 THC products that have been tested and approved by accredited laboratories as the chemicals used in the extraction process may contaminate these products.

While it is not as potent as Delta-9 THC and milder than Delta-8 THC, Delta-10 THC can still get consumers high. Anecdotal evidence suggests that Delta-10 THC provides energizing effects, stimulates appetite, and can help with stress, anxiety, and depression. However, Delta-10 THC in high doses can cause dry mouth, bloodshot eyes, low blood pressure, and increased appetite.

Delta-10 THC can last between 5 and 30 days after use in the human body. Within this period, Delta-10 THC can show up in a drug test.

Is Delta-10 THC Legal in Texas?

Per HB 1325, Texans can purchase Delta-10 THC products derived from hemp, provided the THC amounts in the products remain within the acceptable level (0.3%). Such products may be purchased from the state-approved online and physical stores.

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Texas Delta THC Overview