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News And Legislation

Is Delta-8 THC Legal in Texas? Delta 8 Legality by State 2023

Delta-8 THC, a previously obscure cannabinoid, has recently gained popularity. That newfound popularity is because delta-8 is quite similar to delta-9 THC. In places where marijuana (cannabis that has over 0.3% delta-9 THC) is illegal, such as Texas, delta-8 is even more popular. As a result, delta-8 products, including candies, vape cartridges, and tinctures, may be found at many vape & wellness shops in the Lone Star State. But is delta-8 THC legal in Texas? Let’s find out.


It might be tough to keep up with the ever-changing laws on delta-8 THC and other cannabis compounds. So relax; we’ll simplify this knotty problem for you. Delta 8 is now officially legal in Texas, while the regulations around its use are murky.

Shop delta-8 vape carts here!

Is Delta-8 THC Legal In Texas?

Yes, delta-8 THC is legal in Texas.

Technically, the Farm Bill’s reference to Delta 9 THC for the requirement means that the other THC isomers, notably Delta 8, are legal commercially. At this time, Delta 8 THC is perfectly legal federally. However, Delta 8 THC is explicitly illegal in several States.


Delta-8 THC has confusing legality in Texas.


The Health and Human Services Department of Texas updated its website to make clear to the public in October 2021 why Delta-8 should be illegal. However, there is strong pushback against making delta-8 illegal in Texas. Legal challenges were filed by hemp sellers who said the regulation was at odds with what they understood to be permissible under new state and federal hemp legislation.


Legal challenges were lodged to prevent DSHS from outlawing delta-8, and stores were granted a court injunction against the state’s prohibition, which has so far been upheld on appeal. However, a court later halted the order that classified Delta 8 under the Schedule 1 drug on 8 November 2021.


 The Texas Department of State Health Services petitioned the Supreme Court of Texas to review and restore the prohibition, but the court declined to take up the matter. Final proceedings were scheduled for January 2023. However, the dates were eventually postponed. So, delta-8 is now legal under Texas law.


Buying Delta-8 In Texas


Texas has an abundance of sources where one may get delta 8 THC.


In addition to health food stores, it is available in vape shops, convenience stores, and even gas stations. However, we no longer suggest purchasing delta-8 commodities from local stores. Those vendors often need to learn what a genuine delta 8 extract looks like.

As hemp-produced Delta-8 is now legal in this state, production, distribution, sale, and use of all cannabinoids, isomers, terpenes, and flavonoids are permitted. If you are looking for online shops that deliver delta-8 in Texas right at your door, Grassroots Harvest is one of the best options. 


However, you can indeed access Delta-8 products in Texas. How long that will remain the case, we don’t know. Delta-8  does not have a certain legal future. Even though Delta-8 is in legal limbo at the moment, it seems that certain legislators want it illegal like marijuana. There will be pushback from delta 8 buyers, sellers, and makers, without a doubt.

Got questions? Let us know in the comments below!

Want to learn more about delta-8 THC? Check out this blog comparing it with other cannabis compounds. 

Shop premium delta-8 gummies here!


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