The legality of Delta-8 THC, a derivative of hemp, has been a topic of debate in the United States since its recent rise in popularity. As a criminal defense lawyer in Texas, I have seen an increasing number of clients inquire about the legality of Delta-8 in our state. In this blog post, we will discuss the current state of Delta-8 legality in Texas.
First, let's define Delta-8 THC. Delta-8 is a compound found in cannabis plants that has similar psychoactive effects to Delta-9 THC, the main psychoactive component of cannabis. However, Delta-8 THC is derived from hemp rather than marijuana and is therefore considered legal under the 2018 Farm Bill. This bill legalized the production and sale of hemp-derived products as long as they contain less than 0.3% Delta-9 THC.
However, the legality of Delta-8 THC at the state level is still up for debate. Texas law does not specifically address Delta-8 THC, which creates a legal gray area. Some argue that Delta-8 THC is legal in Texas because it is derived from hemp, which is legal under the 2018 Farm Bill. Others argue that because Delta-8 THC is psychoactive and has similar effects to Delta-9 THC, it is illegal under Texas law.
The Texas Department of State Health Services (DSHS) issued a statement in August 2021 stating that Delta-8 THC is illegal under Texas law. The statement claims that Delta-8 THC is a Schedule I controlled substance under Texas law because it is a synthetic cannabinoid. This contradicts the argument that Delta-8 THC is legal under the 2018 Farm Bill because it is derived from hemp.
However, it's important to note that this statement from DSHS is not legally binding. It is simply an interpretation of the law, and it has not been tested in court. Until there is a court ruling on the legality of Delta-8 THC in Texas, the issue remains unsettled.
In conclusion, the legality of Delta-8 THC in Texas is still up for debate. While some argue that it is legal under the 2018 Farm Bill, others argue that it is illegal under Texas law. The recent statement from DSHS adds to the confusion but is not legally binding. As a criminal defense lawyer, I recommend that individuals use caution when purchasing and using Delta-8 THC products in Texas until there is more clarity on the issue. If you are facing criminal charges related to Delta-8 THC, it is important to consult with an experienced criminal defense lawyer who can help you navigate the complex legal landscape.
Schedule a case consultation with our team today by calling (409) 204-5566 or reaching out online. Se habla español.