Is Delta 9 Legal in Texas? [2022 Update]

Is Delta 9 Legal in Texas? [2022 Update]

Posted by Christian on 26th Apr 2023

Is Delta 9 Legal in Texas?

The emergence of delta-9 is among the most exciting developments in the history of the hemp industry. But the cannabinoid’s arrival has taken many by surprise and courted controversy. Indeed, you may be asking, “Is delta 9 legal in Texas?”

Or perhaps you are wondering what delta-9 is, where you can buy it, and what makes a high-quality product? Whatever your delta-9 query, we will address it here while focusing on the laws relevant to the Lone Star State.

Let’s start with the basics, before we delve into the complex laws and regulations impacting delta-9 products in Texas.

What is Delta 9?

What is Delta 9?

Delta-9 is the hemp industry’s way of describing THC. Officially known as delta-9-tetrahydrocannabinol, the cannabinoid is the most abundant compound in marijuana and is present in hemp in small concentrations.

Since this article relates to hemp products, I will exclusively refer to the cannabinoid as delta-9 from here on to avoid confusion.

Delta-9’s psychotropic properties make it particularly popular with recreational users. But the substance also has therapeutic potential, with medicinal marijuana becoming more accepted in the U.S. and globally in recent times.

Of the more than 110 naturally-occurring hemp cannabinoids, delta-9 is the best-known and most widely studied. Subsequently, lawmakers also take more interest in delta-9 than any other compound in hemp.

Is Delta 9 Legal in Texas?

Is Delta 9 Legal in Texas?

Yes, delta-9 is permitted in Texas, but with several restrictions. Much of the current legislation at the federal level is word-for-word the same at the state level. I will start with the federal law and then look at how it relates to Texas.

Federal law

Hemp-derived delta-9 is federally legal, but marijuana-derived delta-9 is not. 

In chemistry terms, delta-9 is the same wherever it comes from. However, in legal terms, the cannabinoid’s provenance is the difference between a de-scheduled substance and a Schedule 1 drug. 

The 2018 Agriculture Improvement Act (Farm Bill) lays out delta-9’s legal status. The bill clearly defines “hemp”, and removed it from the definition of marijuana, which the Controlled Substances Act continues to class as a Schedule 1 drug.

The legislation states that hemp must have no more than 0.3% delta-9 on a dry weight basis. The 0.3% cap was set arbitrarily (rather than because of research) to stop the creation of legal, psychoactive hemp products.

The federal government passed the legislation to give legal backing to manufacturers of non-intoxicating hemp products. But by offering some leeway on delta-9, the bill has opened the door to hemp-derived delta-9 edibles and more.

State law

How is delta-9 legal in Texas? The cannabinoid’s legality comes from House Bill 1325, which Governor Greg Abbott signed into law in June 2019. 

Sec. 121.001 Definitions of Texas HB 1325 details that the delta-9 concentration in hemp must not exceed 0.3% on a dry weight basis.

The 0.3% threshold applies to the hemp plant and hemp-derived products, as noted in Sec. 113.001 Definitions of the bill. Ultimately, the state and federal legislatures say the same thing – delta-9 is legal, but with caveats.

Is Delta 9 Legal in Texas Forever?

Is Delta 9 Legal in Texas Forever?

That the delta-9 cannabinoid and delta-9-containing products are legal in the Lone Star State may come as a shock. After all, marijuana is still prohibited federally and in Texas, yet delta-9 is legal and has the same effect as classic cannabis!

This consequence of the Farm Bill was not thought out by federal lawmakers or the state lawmakers who transferred the bill into the Texas legislature. But is there any political will to close the loophole, and if so, how could it be done?

Let’s take a trip through the history of delta-9 in Texas to see how we got to where we are. From there, we can game out what might happen in the future. 

The legal history

Technically, delta-9 was only officially banned in Texas and the U.S. in 1970, with the passage of the 1970 Controlled Substances Act (CSA). However, in reality, delta-9 became illegal following the Marihuana Tax Act of 1937.

Texas has a relatively conservative stance toward marijuana. Recreational cannabis is still illegal, and the state has a limited medicinal program, known as the Texas Compassionate Use Program.

But delta-9 has re-emerged thanks to the relaxation of hemp laws. Like traditional marijuana, hemp was also caught up in the Marihuana Tax Act and the Controlled Substances Act. This devastating prohibition stayed in place until the 2010s.

As we covered, delta-9 is now legal in quantities up to 0.3%, courtesy of the federal 2018 Farm Bill which teed up Texas HB 1325 in 2019. And now we have a crazy circumstance where old-school delta-9 products are legal in a banned state! 

The present

Delta-9 is not the only newly-legal substance to have left some Texan lawmakers irate. But unlike delta-8 and delta-10 – two delta-9 isomers with similar properties – any effort to shut down the delta-9 market could be a non-starter.

Attempts to ban delta-8 in Texas have met stern resistance, despite the cannabinoid being on arguably weaker legal ground. Delta-9 is entirely natural, whereas most delta-8 originates in laboratories, raising accusations that it is synthetic.

You might be questioning why lawmakers did not keep delta-9 completely prohibited when legalizing hemp, as opposed to allowing up to 0.3%. But it would have been unfeasible. Even high-CBD hemp plants will always produce some amount of THC.

Moreover, forcing companies to strip THC from CBD products would hamstring the hemp industry by killing off the more beneficial and profitable full-spectrum extract. Limiting THC levels to a meager 0.3% already compromises hemp products.

Since delta-9 is such a critical component in some CBD products (as opposed to delta-8), it’s hard to envisage the substance ever being fully banned again.

The future

So, what could happen? In my opinion, the most likely outcome in the short to medium-term is nothing. The arrival of products like delta-9 edibles to the Texan market may be seen as a bugbear, but there is no obvious way of restricting it.

The Texas Supreme Court threw out an attempt by the state’s Department of Social and Health Services (DSHS) to get its case against delta-8 heard. If the DSHS ever tried enforcing a brazen delta-9 ban, I would expect pushback from the courts.

That said, nobody could reasonably argue that Texas HB 1325 intended to legalize recreational delta-9 edibles. If lawmakers could come up with a law to target these products specifically and not the wider hemp market, a future ban is possible.

What about the prospects for marijuana legalization? A 2021 poll conducted by the University of Texas found that 60% of Texans are in favor of recreational cannabis legalization. But despite the huge support, it is not yet on the political agenda.

However, if Texas ever does legalize marijuana, the delta-9 conundrum would obviously be solved overnight. Similarly, federal cannabis legalization would also free up access to delta-9 in the Lone Star State.

The takeaway: delta-9’s availability is more likely to remain the same or increase in Texas than it is to decline in the coming months and years. And that is great news!

Rules on Selling Delta 9 Products in Texas

The Food and Drug Administration (FDA) does not regulate hemp-derived delta-9 products, but the Texas DSHS has a few rules. Any company selling hemp in Texas must register with the DSHS, which can carry out product safety checks.

The DSHS can analyze products to verify that they have less than 0.3% delta-9. The state government agency can also investigate on purity grounds and check for harmful levels of pesticides, heavy metals, and microorganisms.

Thankfully, as hemp-derived delta-9 is not a controlled substance in Texas, customers face no obstacles when trying to purchase it. You can walk into a shop or buy delta-9 online without having to show a prescription or medical license.

Delta 9 Near Me: Where to Buy Products in Texas

Delta 9 Near Me: Where to Buy Products in Texas

Hemp products containing delta-9 are widely accessible throughout Texas, whether you live in a large city or a small town. But there is no guarantee that you will find delta-9 products intended for recreational users everywhere.

Specialist hemp stores are the most trustworthy physical vendors of delta-9 and all other hemp products. However, these are few and far between, especially in rural areas, and you could be limited to convenience stores, headshops, and gas stations.

I do not advocate purchasing hemp-based delta-9 from any of these shops. Such vendors are notorious for stocking questionable products that fall short of expected quality standards, which could put you out of pocket or even in breach of the law.

Instead of taking a risk on an unknown brand from a non-specialist store, protect your wallet and health by purchasing delta-9 products online. 

Why you should look for delta-9 for sale online

Why you should look for delta-9 for sale online

We do more shopping on the internet nowadays than ever before – and for good reason. Here are four arguments for buying hemp-derived delta-9 online rather than at a local brick-and-mortar shop. 

Safety: While the DSHS can conduct product checks in Texas, there’s no substitute for a third-party lab report. Good-faith brands provide independent certificates of analysis with delta-9 products, so customers know what they are getting is genuine.

For example, imagine that a company is selling delta-9 edibles. The third-party report will have data on the delta-9 concentration, to confirm that it matches the advertised potency and complies with Farm Bill regulations.

Price: Hemp-based products are almost always cheaper online than in brick-and-mortar stores. Indeed, this phenomenon is not confined to the hemp industry. Online businesses can undercut real-world stores since they have fewer operational costs.

Sure, you may have to pay for shipping when shopping on the web, but that is rarely a deal-breaker. And at CBD Genesis, if you spend more than $50 and we will waive the shipping fee! 

Extremely cheap delta-9 products sold in physical stores are almost always fake. They might have a lower amount of delta-9 than stated, or worse, no delta-9 extract at all. 

Choice: Specialist online retailers have more options than gas stations and headshops, which tend to stock just a couple of products.

Rather than restricting yourself, take advantage of the choice online and find the perfect delta-9 product for you. There are so many brands making innovative and exciting products, and the best place to pick up on the latest developments is online.

Convenience: You could spend hours going from shop to shop in search of delta-9, but it’s easier to fetch your laptop or tablet and buy from the comfort of your sofa.

There’s simply no advantage to purchasing delta-9 in-store – it’s not like you can try it before you buy! Shopping online will save you time, money, and energy.

Types of hemp-derived delta-9 products

The delta-9 market is not as extensive as the CBD and delta-8 industries, due to the 0.3% cannabinoid concentration cap. But the scene is growing as companies discovering new ways to stretch the law to its limits.

Edibles: Delta-9 gummies and chocolates have a slow-release mechanism but produce long-lasting effects. The edibles are unusually large to ensure they stay Farm Bill compliant. 

Tinctures: Some brands manufacture hemp-based tinctures with a small but significant amount of delta-9 extract. The cannabinoid does not take center stage in these products, and typically complements a non-intoxicating substance like CBD.

Disposables: Likewise, vaping products do not contain delta-9 in isolation, but in combination with another cannabinoid. For example, we sell disposable vape pens from Delta Extrax made with a mixture of delta-9 and THC-O. 

Buy Hemp-Derived Delta 9 at CBD Genesis!

Buy Hemp-Derived Delta 9 at CBD Genesis!

Just to reaffirm, the answer to “Is delta 9 THC legal in Texas?” is a definite yes! And you can buy delta-9 products right here at CBD Genesis! If you have ever wondered what an authentic delta-9 experience is like, now is the time to find out. You could start with our Delta-9 Gummies, which blend delta-9 with calming CBC, CBG, and CBN to produce balanced effects!