Delta 8 THC: Texas Ruling

In 2018, hemp-derived Delta 8 was federally legalized, but some states still maintain their own ruling on the cannabinoid. Even states that have legalized cannabis usage don’t necessarily permit Delta 8. 

Recently in Texas, new rulings are being enforced surrounding the legality of Delta 8 THC, sending retailers and consumers into a tailspin.

What Is Delta 8 THC?

For those unfamiliar with the increasingly popular cousin of Delta 9 THC, Delta 8 is a naturally occurring compound that can be found in small traces in hemp and cannabis plants. Although, compared to the potent Delta 9, Delta 8 has a milder overall experience. It makes a slow build and has an enjoyable effect that may help to reduce nausea, anxiety, and pain. 

Learn more about Delta 8. 

2018 Farm Bill

A little background on the legality of Delta 8—In 2018, the Farm Bill changed the definition of what “lawful marijuana extracts” were by including any extract with lower than 0.3% tetrahydrocannabinol (more commonly referred to as THC). This meant that hemp-derived Delta 8 with a THC of less than 0.3% would be federally legal. Although, many states have their own Delta 8 regulations and still consider the cannabinoid to be illegal. 

Discover how Delta 8 Gummies make you feel. 

Delta 8 Texas Ruling

In 2019, Texas Governor Greg Abbott signed House Bill 1325, which legalized hemp products under 0.3% tetrahydrocannabinol (THC).

But recently, ​​the Texas Department of State Health Services announced that Delta 8 THC products are still considered a controlled substance in Texas. On the Consumable Hemp Program page, it states that: “All other forms of THC, including Delta 8 in any concentration and Delta 9 exceeding 0.3%, are considered Schedule I controlled substances.”

For many Delta 8 retailers (and consumers) in Texas, it was believed that the cannabinoid was legal under not only the 2018 Farm Bill but also House Bill 1325. Although, some people are fighting back. Hometown Hero, an Austin-based company that sells Delta 8 and other CBD products, recently filed a temporary restraining order against state health officials claiming they did not “follow the proper procedures” in claiming the cannabinoid’s legality on their website, but this order was denied by a judge. Delta 8’s legal status in Texas is still a grey area, with many retailers shelving their Delta 8 products and unsure how to proceed.  

Other States

Delta 8 carries considerable therapeutic potential. Milder and more calming than Delta 9, Delta 8 can help users increase their appetite, aid sleep, and even boost their moods. Many users find Delta 8 extremely beneficial in helping them achieve total body wellness. 

Even though users report such positive effects and valuable relief, there are still states that list it as a Schedule I drug. According to the Drug Enforcement Administration, Schedule I drugs are “drugs with a high potential for abuse and no medicinal benefit.” 

Because of the individual state restrictions and legality over Delta 8, we cannot ship our Delta 8 products to every customer. When shopping for Delta 8 products, it is important to know your state’s laws and to check the retailer’s website to ensure they do ship to your state. Wondering if we currently ship to your state? 

The states that we currently do not ship to are: 

  • Alaska
  • Arizona
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • Nevada
  • North Dakota
  • Rhode Island
  • Utah
  • Vermont

Are you interested in trying Delta 8? If you live in a state that we do ship to, click here to shop Güey CBD Delta 8 Gummies. 

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