Is Delta-8 THC legal in Texas?

For now, the short answer is yes. However, you can read this article to learn more about how to be arrested and prosecuted in Texas for delta-8 THC. Although there are no laws that prohibit the use of delta-8 cannabinoids in Texas, there are laws that allow for its legalization. The legal gray area surrounding delta-8 is currently being contested in court. The Texas Department of Health and Human Services updated their website in October 2021 to clarify that delta-8 was illegal as a Schedule 1 substance. The CBD and hemp retailers challenged the website in court, claiming that it contradicted what they believed was legal under state and federal hemp laws.

 

 

DSHS was accused of criminalizing delta-8. Lawsuits were brought against them. Retailers received a temporary injunction to stop the state from criminalizing it. An appeals court has upheld this ban. DSHS requested that the Texas Supreme Court reinstate a ban on these products. However, the high court declined to hear the case. The final hearing was scheduled for January 2022 but was cancelled. For now, the legal status of delta-8 THC in Texas is good.

 

 

What caused this confusion and controversy with the 2018 Farm Bill?

 

After the passage of the 2018 Federal Farm Bill and House Bill 1325, which legalized hemp with less than.35% THC, stores across Texas started selling delta-8 THC. This category includes Delta 8. However, the Department of Health and Human Services later clarified that Delta-8 was a Scheduled 1 controlled substance. This is a category that's reserved for drugs with no medical use such as heroin. It is currently in legal limbo because of this.

 

 

Delta-8 Legality in Texas:

 

It remains to be seen. It's currently being discussed in court. This topic was also hot during the last legislative session. Two bills were introduced in Texas House - HB 2693 and HB 3948, which would have criminalized the use of delta-8. Both bills died. While Delta-8 is currently in legal purgatory, some lawmakers will still push for normal cannabis treatment for Delta-8. Delta 8 retailers, consumers, and manufacturers will all push back.

 

 

Are you a suspect in possession of Delta-8 THC?

 

Although not specifically illegal, delta-8 marijuana is easily distinguished from regular delta-9 cannabis, unless it is examined in a laboratory. If officers suspect that delta-8 marijuana is illegal, they could still arrest you for it. But, it seems that there is no pressure to prosecute anyone selling it. According to the Texas Tribune however, no arrest has been made by the Texas Department of Public Safety.

 

 

Are you able to be charged with Delta-8 THC use?

 

In certain situations, you may be arrested for Delta-8 THC use. First, if you're on bail, the judge may have issued an order stating that you can not use or possess any cannabis. "Any" refers to exactly that. Courts often impose bond conditions that exceed the existing laws.

 

 

A second condition is that you can't possess or consume any cannabis if you are on probation. You can also be arrested and sentenced in this instance for possessing or using a legal substance. If you are subject to a parole condition, you may be sentenced for using cannabinoids.

 

 

Delta-8: Will I fail a drug test?

 

You can fail a drug screening if you only have used delta-8 cannabis. Drug tests cannot distinguish between the 9 cannabinoids and delta-8. It doesn't matter what cannabinoid you had in your system if you are on probation or bond, as these are the two most likely times that you will be giving a drug test

 


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