Texas Officials Declare Delta-8 THC Now Illegal

 Posted on October 28, 2021 in Criminal Defense

The law regarding marijuana can be confusing. There may be differences between federal and state laws, and each individual state also has different laws. The federal government still considers the use of marijuana as illegal, yet some states have passed laws that make the use of recreational marijuana legal. Texas is not one of those states.

One area where Texas law and the federal government do disagree on, however, is how it classifies delta-8 THC. While federal law has deemed the use legal, Texas health officials have now put it on the state’s list of illegal drugs, leaving those that sell CBD products in the state scrambling.

Delta-8 THC

Cannabis contains 100 cannabinoids. Cannabinoids are the active psychoactive compound found in cannabis. This includes various forms of THC and CBD. Delta-8 THC is almost identical to the form of THC that is banned under fede ral and state law, however, it is sourced from hemp. Three years ago, under the federal Farm Bill, the definition of lawful marijuana extracts was changed, resulting in delta-8 THC being removed from the national list of controlled substances. This means the product is perfectly legal under federal law, even though users can get high from it.

It also became legal under Texas law when the governor signed into law a bill that legalized any hemp product with less than 0.3% THC.

This change also resulted in the products containing delta-8 THC becoming the top selling products in many dispensaries located in the state. However, Texas officials are looking to change all that.

DSHS Announcement

Last week, with no prior warning, the Texas Department of State Health Services (DSHS) announced that it was now classifying delta-8 THC as a Schedule I controlled substance. This means it is in the same classification as heroin or any other drug that has no accepted medical use. The DSHS claim that this announcement is not really a change in law, but only a clarification.

Confusion over the classification appears to come from the original 2018 Farm Aid bill. While lawmakers intentionally legalized hemp, which contains delta-9 THC with levels too low to give a person that ‘high’ feeling, the bill failed to address delta-8 THC levels, and that is what has allowed products with that type of THC to be sold legally and unregulated.

In the meantime, the DSHS announcement has left many hemp growers and CDC retailers in limbo and unsure how this rule will affect their business.

Contact a Denton County Defense Attorney

Now that products with delta-8 THC are considered illegal, getting caught using or selling them could result in legal issues. If you are facing any kind of drug charges, you need a Plano, TX criminal attorney defending you. Call The Crowder Law Firm, P.C. at 214-544-0061 to schedule a free consultation.

Sources:

https://legiscan.com/TX/text/HB1325/id/2026154

https://www.nbcnews.com/health/health-news/delta-8-thc-legal-many-states-some-want-ban-it-n1272270

https://www.click2houston.com/news/texas/2021/10/21/texas-says-popular-cannabis-extract-delta-8-is-illegal-sending-retailers-scrambling/

https://www.dshs.texas.gov/consumerprotection/hemp-program/default.aspx