Wellness

Is Delta-9 Legal in Texas? (Updated for 2024)

March 13, 2023
– 4 minute read

**Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and these substances can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

Understanding the legal status of different cannabinoids and cannabis products in the United States can be tricky. After all, these things are popping up all over the place, and keeping track can, admittedly, be arduous.

Granted, the laws that regulate cannabis in America are confusing. The federal government says one thing, while states say another. But one thing is universally true: Delta-9 is still a controlled substance in the US.

However, the 2018 Farm Bill that redefined hemp opened a legal loophole in which various cannabis products are legal depending primarily on the source. But what exactly does this mean? What kind of cannabis products are allowed? And most importantly, is Delta 9 legal in Texas?

Contents

Key Takeaways
Delta-9 THC and Federal Law
Texas Delta-9 THC Laws
Is Delta 9 a Controlled Substance in Texas?
Delta-9 THC Possession Limits in Texas
Is Delta-9 THC Legal in Texas?
Is Delta-9 THC Safe?
Are Delta 9 Gummies Legal in Texas?
Where to Buy Delta 9 in Texas?
Sources used for this article:

Key Takeaways

Following the 2018 Farm Bill, Delta-9 THC derived from hemp with a THC concentration of 0.3% or less on a dry weight basis is legal.
This aligns with Texas House Bill 1325, which legalizes hemp-derived Delta-9 THC under these specific conditions.
For hemp-derived Delta-9 THC that complies with the Farm Bill and HB 1325, there are no possession limits in Texas.
While Delta-9 THC is considered generally safe when consumed responsibly, there are potential side effects and health risks, especially with chronic use.

Delta-9 THC and Federal Law

For anyone in North America, the cannabinoid best exemplifying the confusion is delta 9. Buzzing like an incandescent lightbulb filled with hateful venom, campaigns of prohibition have been waged against delta-9 THC since the turn of the 20th century.Since the Farm Bill was enacted, delta-9 THC is federally legal if it’s derived from hemp with below-permissible THC levels, i.e., 0.3% or less.

Evidently, the Farm Bill is the predominate federal cannabis law. The Farm Bill states: Hemp is defined as the plant Cannabis sativa L, and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 per cent on a dry weight basis.

With some exceptions, state cannabis laws can be vastly different than federal law; and you will see for yourself shortly.

Texas Delta-9 THC Laws

Delta 9 regulations in Texas mirror federal law. After passage of the Farm Bill, in 2019, Texas Governor Greg Abbott signed House Bill 1325 into law, making hemp flower in Texas (and, very, very small amounts of Delta 9) legal.

Texas House Bill 1325 dictates: ‘The department may not authorise the cultivation or sale of substances defined as hemp that contain more than 0.3 per cent tetrahydrocannabinol on a dry weight basis.’ House Bill 1325 states ‘Hemp means any part of the plant of the cannabis Sativa plant, including seeds, cannabinoids, extracts, and derivatives of a plant that contains a limited amount of [Delta-9 THC], defined as a maximum of 0.3 per cent tetrahydrocannabinol by dry weight.’

Any cannabis product meeting these parameters is, therefore, legal in Texas.

Is Delta 9 a Controlled Substance in Texas?

Yes and no. Allow us to explain.Delta 9 is in hemp and marijuana. Hemp is legal in Texas. What follows? Hemp-derived Delta 9 is legal (not a controlled substance in Texas).

Marijuana is illegal; so are its preparations, derivatives and extracts. Marijuana-derived Delta 9 is illegal – not just in Texas, but everywhere it has been found to date. There are exceptions provided, for example, in the narrow medical marijuana program bills.

To summarise: a cannabinoid is legal if and only if it is hemp-derived. You might want to pay some attention to developments as states struggle to rethink some things about cannabis legality.

While at it, check out our blog to know whether novel cannabinoids like Delta 10 are legal in Texas. These laws keep changing so keep learning!

Here’s an overview of how Texas hemp laws compares to the Farm Bill.

	Texas Hemp Law	2018 Farm Bill
Legal Definition of Hemp	Defines hemp similarly to the 2018 Farm Bill.	Defines hemp as the Cannabis sativa L. plant and any part of the plant with a THC concentration of no more than 0.3% on a dry weight basis.
Regulation of Cultivation	Requires hemp growers to be licensed by the Texas Department of Agriculture.	Allows states to regulate hemp cultivation but requires them to submit their regulatory plans to the USDA for approval.
THC Testing	Mandates testing of hemp crops for THC levels to ensure compliance with the 0.3% THC threshold.	Requires testing of hemp to ensure that the THC concentration does not exceed 0.3%. States can develop their own testing protocols.
Interstate Transport	Does not prohibit the interstate transportation of hemp products.	Prohibits states from interfering with the interstate transportation or shipment of hemp products.
Processing and Manufacturing	Regulates the processing and manufacturing of hemp products within Texas.	Does not specifically regulate the processing and manufacturing of hemp products; this is left to state discretion.
Sale of Hemp Products	Allows the sale of hemp products with certain restrictions, particularly on CBD products.	Legalizes the sale of hemp products but does not regulate the sale of CBD products at the federal level.
Law Enforcement	Provides guidelines for law enforcement regarding hemp transportation and possession.	Focuses more on cultivation aspects and does not provide specific guidelines for law enforcement on transportation and possession.
Consumer Protection	May include specific state-level consumer protection requirements for hemp products.	Lacks specific consumer protection standards for hemp products; states may implement their own.
Federal vs. State Jurisdiction	Operates under the broader framework of the 2018 Farm Bill but includes state-specific regulations and requirements.	Establishes a federal framework for hemp regulation, which states can follow or develop their own plans within this framework.

Delta-9 THC Possession Limits in Texas

Hemp-derived Delta 9 is legal in Texas as long as it complies with the stipulations of the Farm Bill and HB 1325.

Such a compound faces no restrictions or limits. So, go out there and enjoy Delta 9 products to your heart’s delight! The only condition is that you have to be at least 21 years old.

Of course, if you’re buying/selling/owning non-hemp-derived Delta 9, you are violating the law. Check out these laws.

Section 481.120 of the Texas Health and Safety Code
Makes intentionally or knowingly delivering marijuana a criminal offense of varying severity based on the amount of marijuana delivered.
Section 481.121 of the Texas Health and Safety Code
Makes the possession of marijuana a criminal offense of varying severity depending on the amount of marijuana possessed.
Section 481.122 of the Texas Health and Safety Code
Makes the knowing delivery of a controlled substance, including marijuana, to a person younger than 18 years of age a felony in the second degree.

Is Delta-9 THC Legal in Texas?

Delta-9 THC is legal in many states, including Texas, up to concentrations of 0.3% or less by dry weight. In the same way, so are the products and derivatives of hemp that comply with the Farm Bill.

Nonetheless, there are attempts to ban Delta 9 completely and all psychoactive cannabinoids from cannabis in the state. Therefore, keep checking the changes in the Texas cannabis regulations to avoid any inconvenience or legal sanctions by law enforcement.

Is Delta-9 THC Safe?

Although Delta 9 is a highly psychoactive cannabinoid, it is generally safe when consumed responsibly. But you’re certainly aware of the side effects of Delta 9. These include:

Increased anxiety
Dry mouth
Red eyes
Slow reaction times
Short-term memory loss
Increased heart rate

Chronic use of Delta 9 has been associated with severe health problems especially in the cognitive and psyche domains. Some experts believe using Delta 9 products for too long can cause blood pressure problems and increase the risk of strokes and heart attacks.

So as you can see, Delta 9’s safety is relative. If you use large doses frequently, you may suffer setbacks. For these reasons, always consume cannabinoids responsibly.

Are Delta 9 Gummies Legal in Texas?

Yes, Delta-9 gummies are legal in Texas as long as they are compliant. This simply means they must be made of hemp-derived compounds. As we mentioned, Texas cannabis laws align with the federal Farm Bill.

Therefore, federally-compliant hemp-derived Delta 9 products like our Delta 9 gummies are legal all across the state under Chapter 443 of the Texas Health & Safety Code.

Where to Buy Delta 9 in Texas?

If reading so much about Delta-9 has made you want to try it for yourself, and you want to know how to buy Delta 9 safely in Texas, we have the solution for you!

At Botany Farms, we have a diverse collection of premium-quality, federally-compliant Delta 9 products, like these flavorful Blue Raspberry Delta-9 Gummies, waiting on our shelves.

If you want a sophisticated and innovative approach to the Delta 9, our mixed flavors Delta 9 microdose gummies are the perfect choice for you! These delicious gummies contain just the right amount of Delta 9 to deliver the potential medicinal benefits of this compound while greatly reducing the risk of experiencing any type of side effects.

The best thing is that any of these products is just a click away. Simply click on the order button, and our dedicated team will deliver your order quickly and discreetly directly to your door!

Sources used for this article:

https://www.usda.gov/farmbill
https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB01325I.pdf
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.120
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.121
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.122
https://pubmed.ncbi.nlm.nih.gov/15302527/
https://statutes.capitol.texas.gov/docs/HS/htm/HS.443.html

This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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Victor Carrero

Cannasseur, cannabis advocate, and multi instrumentalist. You can see Victor's work published in San Francisco Gate, Washington City Paper, and Herb, to name a few.

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