Is Delta 10 Legal in Texas? [2022 Update]

Is Delta 10 Legal in Texas? [2022 Update]

Posted by Christian on 26th Apr 2023

Delta 10 is one of several hemp-derived cannabinoids that have popped up in recent years. There's no denying it is popular, but its legal status has come into question. And maybe you are wondering, "Is delta 10 legal in Texas?"

I am here to answer that question and clarify the legality of delta 10 in the Lone Star State. We will consider the existing federal and state laws and examine the history and future of delta 10 in Texas.

We have lots to discuss and some complex legal ground to cover – so let's get stuck in!

What is Delta 10?

What is Delta 10?

Delta-10-tetrahydrocannabinol (delta 10) is a natural cannabinoid and an isomer of the better-known delta-9-tetrahydrocannabinol (THC). While delta 10 is similar in structure and properties to THC, it is not as potent or intoxicating.

Cannabis and hemp plants produce delta 10 in very small concentrations, and not all plants contain detectable levels of the substance. 

Subsequently, the delta 10 found in commercial products is created in laboratories and comes in the form of high-strength delta 10 distillate. This is typical of many new and obscure cannabinoids – both delta 8 and HHC products are made in this way.

Delta 10 is the cannabinoid of choice for pleasure-seekers and therapeutic users. Its euphoric effects make it a sought-after recreational substance. But others find it useful for pain and stress relief, boosting mood, and improving sleep quality.

Is Delta 10 Legal in Texas?

Is Delta 10 Legal in Texas?

Good news! Delta 10 is legal in the state of Texas! Neither federal nor state law impinges on the rights of citizens to purchase, possess, sell, or take delta 10.

Let's delve deeper into the legal situation.

Federal law

Delta 10 is covered at the federal level by the 2018 Agriculture Improvement Act (Farm Bill), which legalized all natural, hemp-derived cannabinoids.

Essentially, delta 10 is legal providing the hemp product it is found in has less than 0.3% THC on a dry weight basis. Goods that exceed this threshold are marijuana products and Schedule 1 drugs.

The 2018 Farm Bill does not reference delta 10 specifically. Instead, the bill de-schedules all cannabinoids, only putting a cap on THC. The idea was to legalize non-intoxicating hemp products without removing restrictions on marijuana.

Indeed, lawmakers wouldn't have been even thinking about legalizing delta 10 when they wrote the bill. Until recently, the cannabinoid was known only by the nerdiest of cannabis scientists!

State law

As of July 2022, delta 10 is legal in the state of Texas. In the 2019-2020 session, the state legislature wrote Texas House Bill 1325 into law. This legalized delta 10, delta 8, and other hemp-derived cannabinoids, in the same fashion as the Farm Bill. 

Therefore, delta 10 is legal for sale, possession, distribution, and use in Texas, as is the cultivation and production of delta 10 products. However, like at the federal level, products must still have less than 0.3% THC in total.

Is Delta 10 THC Legal in Texas Permanently?

Is Delta 10 THC Legal in Texas Permanently?

Like other hemp-based cannabinoids, delta 10 faces an uncertain future in Texas. State lawmakers tried – but failed – to ban delta 8 in 2021, so evidently have such products in their sights.

Much could depend on how popular and mainstream delta 10 becomes. While the substance has a loyal fanbase, it does not yet have the profile and reputation of delta 8, which could help from a legal standpoint.

However, a ban on delta 8 could have wider consequences that implicate delta 10. For instance, some lawmakers have suggested a ban on all THC isomers. Such a bill would be aimed at delta 8, but it would take delta 10 down along with it.

The legal history of delta 10 in Texas 

The legal history of delta 10 in Texas 

Before 2018, delta 10 was classed as a Schedule 1 drug by the Controlled Substances Act, both federally and in the state of Texas. As we know, the 2018 Farm Bill scrapped the ban on hemp-based delta 10 – but that was only the start of the battle.

Since then, cannabinoids like delta 8 and delta 10 have emerged as cannabis alternatives in the Lone Star State and across the nation. 

But the arrival of these products contradicts what the Farm Bill was meant to be about, hence the controversy. Several states have successfully gone after delta 10 and other THC isomers, but Texas has struggled to implement a crackdown.

In 2021, state lawmakers made a sneaky attempt to ban delta 8 (which would have also banned delta 10) with Texas House Bill 2593.

Ostensibly, HB 2593 was about lowering criminal penalties for possession of THC concentrates. But an outrageous amendment on the Senate floor would have seen the bill limit tetrahydrocannabinols in all products to a miserly 0.3%.

Unlike the Farm Bill, which just caps THC, Texas HB 2593 would have put a 0.3% limit on delta 10, too. Such a move would have killed the burgeoning delta 10 and delta 8 markets overnight – unsurprisingly, the move caused an uproar!

Ultimately, the bill never saw a vote in the Senate, after the House conference committee removed the controversial amendment. But while the bill may have died, that hasn’t stopped the state government in its war against THC isomers.

In October 2021, the Texas Department of State Health Services updated its website, enforcing a 0.3% cap on delta 8 in hemp products. The state government agency used HB 1325 and the Consumable Hemp Program as its reasoning.

While this unilateral move didn’t impact delta 10, it showed that the Texas DSHS isn’t shy to take action to ban THC isomers. And if delta 10 was to become as high profile as delta 8, we could perhaps expect to see a similar stunt.

Thankfully, hemp companies operating in Texas aren’t taking such government overreach lying down. Multiple lawsuits have been filed against the DSHS, with significant success.

In November 2021, a temporary injunction blocked the delta 8 ban. And shortly afterward, the Texas Supreme Court refused to hear the DSHS’ case, marking a massive win for the hemp industry.

What will happen next?

What will happen next?

Sure, the last few paragraphs pertain to delta 8 rather than delta 10, but it’s still incredibly relevant. The events show how hard Texas is finding it to ban THC isomers, due to resistance from companies and favorable court decisions.

So, what might happen next? Texas lawmakers could introduce more bills in a bid to restrict the hemp industry. Although there is no guarantee that any would be successful given the recent failures.

The DSHS may take further brazen action, against delta 8 specifically or all tetrahydrocannabinols. But this would be counter-acted by emboldened hemp companies that have already taken on and beaten the DSHS.

The Drug Enforcement Administration (DEA) could restrict hemp-derived tetrahydrocannabinols at the federal level. But the situation is not exactly new, and with each passing day, a DEA ban on delta 10 and delta 8 appears less likely.

Delta 10 critics were optimistic that the cannabinoid could be prohibited on synthetic grounds. And they became extremely hopeful after the DEA’s Interim Final Rule on the Farm Bill in 2020. But I am pleased to say that optimism has since faded away!

State polling shows increasing support for cannabis legalization in Texas. Medicinal marijuana has been legal since 2015, but recreational pot remains prohibited.

Of course, if Texas ever legalizes weed, the delta 10 industry would almost inevitably decline or disappear. The obscure cannabinoid would no longer be necessary if people could get the real thing. But legal weed isn’t coming to Texas anytime soon. 

Most likely, perhaps, is that the current scenario will continue for the foreseeable future. Efforts to ban THC isomers have stalled and the hemp industry’s political power is only growing. Such a stalemate would suit delta 10 users just fine! 

Rules on Selling Hemp Products in Texas

Rules on Selling Hemp Products in Texas

The Texas DSHS imposes some rules on delta 10 vendors in the state to improve consumer safety. Products must meet specific purity requirements to ensure they don’t contain harmful levels of heavy metals, pesticides, and bacteria.

I consider this a responsible measure in a hemp industry with limited quality control. The 2019-20 EVALI outbreak showed that consumers can never be too careful wit vaping products, even though that crisis did not relate to hemp products.

Finally, as assured by HB 1325, delta 10 is not a controlled substance in Texas. Therefore, you can buy and enjoy delta 10 products without requiring a medical license or prescription. 

Delta 10 Near Me: Where to Buy Products in Texas

You won’t find as many brick-and-mortar stores selling delta 10 products as you will delta 8 products, but they are becoming more common. All cities and most towns will have delta 10 for sale, although you may struggle to purchase it in rural areas.

Unfortunately, while you can buy delta 10 in Texas, getting high-quality delta 10 is another matter. Headshops, gas stations, and convenience stores tend to be the go-to stores for delta 10 products, but I would not recommend shopping at any of them.

None of these vendors specialize in delta 10 or hemp in general – and sadly, they often fail to carry out expected quality checks. You could unwittingly end up with fake or unsafe delta 10, or even an illegal product.

But don’t be dismayed! There is plenty of top-grade delta 10 available online, sold by trusted, experienced, and specialist retailers. Let’s explore the benefits of buying delta 10 products on the web.

Why you should buy delta 10 online

Why you should buy delta 10 online

Price: Online stores typically sell delta 10 products for less than brick-and-mortar shops. Because the former has lower operational costs (i.e., fewer employees, no retail store), they can undercut physical vendors without cutting into their profits. 

Safety: Genuine delta 10 retailers online care much more about safety than gas stations and headshops looking to make quick money on a hot new product. Top delta 10 vendors publish third-party lab reports for all the products they sell.

Shoppers like you can then check these reports to ensure a product meets a brand’s claims and fulfills legal obligations (i.e., that it has less than 0.3% THC). 

Choice: An online store specializing in delta 10 and other hemp products will have a more extensive product range than opportunistic physical stores. With so much choice nowadays, it’s worth taking the time to discover the ideal product for you.

Convenience: Buying delta 10 online saves you time and energy, as you will always be available to find what you want. In my experience, this isn’t always the case when shopping at brick-and-mortar shops.

Furthermore, if an online store doesn’t have what you want, you can click on another site within seconds. If that happens in person, you could spend hours trekking around town, hoping you will find a store that has something suitable!

Buy Delta 10 Products Here at CBD Genesis! 

Buy Delta 10 Products Here at CBD Genesis! 

I hope this post has answered, “Is delta 10 legal in Texas?” with a resounding yes!

With delta 10 legal in Texas and beyond, why not try some for yourself and see what all the hype is about! Or maybe you already know and love this magical cannabinoid. Either way, CBD Genesis is the store for you.

We have delta-10 disposable vape pens, vape cartridges, edibles, tincture oils, and more, with products from our CBD Genesis line and other leading hemp brands, including ELYXR LA.

CBD Genesis only stocks high-quality, third-party tested, and approved delta-10, and we are proud to sell our products at incredibly competitive prices!