The History: Is Delta 8 Legal in Texas?
In 2018, marijuana enthusiasts rejoiced. The passing of the legendary Farm Bill created the possibility of legal THC alternatives.
This meant people could try out delta 8, a sister cannabinoid to the THC we all know and love. Delta 8 THC is a milder variant that offers some potential benefits over THC. The only issue is that not everyone was on board with the decision.
Some states wanted to pass legislation that would outlaw delta 8. If you’ve been keeping up with the news, you may have heard rumors that Texas was one such state.
Is delta 8 legal in Texas? Join us as we take a look at the situation.
What Is Delta 8?
To understand the legislature surrounding a controlled substance, we need to understand delta 8. Delta 8 is a cannabinoid, similar to delta 9, which you would find in standard THC. Delta 8 has a similar structure to delta 9 but is technically not the same thing.
This means it interacts with the body in a different way. To legislators, this is an important distinction. If a drug doesn’t work by the same metabolic process, then one could argue that it’s not the same drug.
So, delta 8 may produce effects similar to the THC in delta 9 marijuana, but for legal purposes, it’s not the same. Until the law interprets delta 8 as weed, too, it’s technically legal.
How Is Delta 8 Legal?
Designer drugs have been a hot topic over the years. These are drugs that are not chemically the same as their illegal counterparts. But once they hit your gut, the metabolic process converts them into the desired compound.
This is what created the legal “loophole” that legalized many cannabis-derived products. Since it’s technically not weed, it’s technically legal. However, there are a few things to keep in mind.
One, synthetic cannabinoids are illegal. Synthetic means the producers created it through man-made processes. If it’s synthetic, they didn’t use hemp products in the drug’s synthesis.
Two, this means that some could possibly interpret delta 8 as synthetic. Delta 8 occurs in THC in very low doses. To obtain a potent amount, you need to extract it via a chemical process.
To some lawmakers, this might seem like a synthetic drug. And that is the crux of the legal troubles that delta 8 is suffering at the current moment.
The legality surrounding the cannabis plant has always been tricky. Interpretation of the law can change on a whim, so it’s important to stay on top of the latest. Keep your eye on the news as the situation develops to avoid breaking the law.
Did Texas Try to Make Delta 8 Illegal?
The short answer is yes. But at the current moment, delta 8 is not technically illegal. Let’s break it down, so things make sense.
In October 2021, Texas attempted to pass legislation banning the use of delta 8. They did so with the infamous House Bill 2593.
This created criminal penalties for the possession of delta 8. It did so by reducing the legal limit of delta 8 to a very, very small amount – an amount that would make the production of delta 8 nearly impossible.
In short, this was a heavy blow to users and distributors of delta 8.
As you can imagine, this was a massively unpopular decision. The backlash came in waves. Thanks to that local pressure, the bill died before it could become enshrined in law.
Texas’ Illegal, Secret Attempt to Ban Delta 8
Unfortunately, this was not the end of Texas’ embarrassing actions to stop delta 8. The DSHS (Texas’ health department) quietly updated its website next month, in November. The update claimed that delta 8 was illegal.
When lawmakers introduce legislation out of nowhere, that raises a huge red flag. It was clear to all that Texas had not used the proper legal channels to make this determination. Texan leaders had gone behind the backs of their people and passed a major law without their consensus.
This sneaky, unethical legal overturning did not play out well for them. Several big cannabis growers sued the state of Texas for their decision. They demanded an injunction.
Luckily for us, this bid proved successful. Texan courts backed off, removing their declaration that delta 8 was an illegal substance.
This was a huge victory. However, many believe the fight for delta 8 is far from over.
So, Is Delta 8 legal in Texas?
The short answer is yes. There is the chance that Texan courts will try once more to finish what they started. But pressure and threat of suits seem to have stalled any scheduling for the time being.
One of the bigger companies to challenge Texas, Hometown Hero, is currently awaiting a court date. They filed an injunction and it was ruled in the favor. Their injunction will last indefinitely until there’s an official decision. One could say that the legal status of delta 8 is in limbo.
California, as always, is working hard to fight for THC. Their May 2021 decision declared (in federal court) that delta 8 falls under the definition of legal. A court case would have a difficult time banning delta 8 if it’s federally recognized.
For all intents and purposes, delta 8 is a legal substance. If Texas were to arrest someone for using it, the decision would explode in their faces. It would be headline news, and would likely only increase pressure to permit delta 8.
This is all to say that Texan residents can purchase delta 8 with peace of mind. The situation is developing. As long as you keep yourself informed, you’ll avoid any legal troubles.
Buy Your Delta 8 from SW Distro
Delta 8 is one of several legal, cannabis-derived products. However, states such as Texas broke the law to schedule these alternatives. Luckily, Texas failed, and delta 8 currently does not have illegal scheduling.
Now that Texans can purchase delta 8 THC without fear, you’ll need a reliable supplier. Check out SW Distro for a wide variety of delta 8 products.