Delta 8 is a cannabinoid that has been on the up and up for the past few years. It’s reported to have psychoactive properties on consumers but to a less potent and more controllable extent than typical marijuana. The cannabinoid most commonly associated with consumption is Delta 9. It’s also a psychoactive cannabinoid that can come with some unwanted side effects. Those can include a clouded head and increased paranoia and anxiety.

The biggest difference between these two cannabinoids is in their molecular structure. A single double bond difference creates two similar yet different outcomes. Delta 8 has a double bond on the 8th carbon. Whereas Delta 9 has a double bond on the 9th carbon chain. This is how Delta 8 is less potent and more controllable than Delta 9. Plus, Delta 8 doesn’t typically come with any of the negative effects Delta 9 can create. Another difference is Delta 9 is a Schedule I drug and illegal to the general public. Delta 8 is hemp and federally legal across the states. 

Federal Law

Back in the 1970s, the Controlled Substances Act was created and anything that came or was associated with the cannabis plant, whether it had psychoactive properties to it or not, was considered a danger to the general public and put on the list of most dangerous drugs in the country, alongside LSD, heroine, and ecstasy. 

In 2018, marijuana and hemp were defined separately for the first time in almost 50 years in the Farm Bill passed by the USDA and signed into law by President Trump. With this separate definition of hemp from marijuana, the bill created a whole new industry that has been booming over the last couple of years. The Farm Bill states: 

“The term ‘hemp’ means 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 delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

A product defined as hemp contains less than 0.3 percent of Delta 9. Because of the structural difference between Delta 8 and Delta 9. Delta 8 products will contain less than 0.3 percent of Delta 9, defining them as hemp and now federally legal in the states. But that doesn’t mean that every state has legalized hemp production and consumption within them. So, what does Texas state law say about hemp and therefore Delta 8?

Texas State Law

Texas has adopted the same definition of hemp as stated within the Farm Bill. As long as a product contains less than 0.3 percent of Delta 9, it is legal to grow, produce, sell, and consume in Texas. The state law goes on to say: 

“Sec. 481.002. DEFINITIONS.

(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.”

So, not only is hemp legal, it will not be defined as a controlled substance or under a penalty for possession or consumption. This helps define what hemp is and how it can be produced and consumed. Making Delta 8 legal in Texas. But, of course, laws are always subject to change. Research the laws in your state before purchasing and consuming any Delta 8 products.

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