Did Texas Ban Delta-8 THC? Where to Buy Legal Delta-8 in The Lone Star State

Delta 8 Texas

You’ll likely spot Delta-8 THC products in Texas stores. This compound offers a bunch of therapeutic benefits at an affordable price, so Texans are savoring it like there’s no tomorrow. If you want to try it for yourself, you’re likely questioning its legal status. Is Delta-8 THC legal in Texas?

Do you live in Texas and want some Delta-8 shipped to your door? 


Is It Legal: Texas Delta-8 Laws 

The short and simple answer is: YES! Hemp-derived Delta-8 is LEGAL in Texas.

What Is Delta-8? 

Delta-8 tetrahydrocannabinol is a hemp derivative with a very similar molecular structure to its “sister cannabinoid” Delta-9 THC. A small but notable difference in their chemical structure is believed to cause the distinct experiences offered by both tetrahydrocannabinols.   

Unlike traditional THC, D-8 THC has a more mild, less euphoric intoxicating nature. According to research, D-8 is roughly half as potent as D-9 when consumed at the same dose. Not only that, D-8 THC gives the user a more energetic, less euphoric “high.” The hemp plant creates trace amounts of D-8, so producers create it by chemically altering hemp-derived cannabidiol (CBD). 

Where to Buy Delta-8 in Texas

D-8 THC is legal in Texas, so you can buy it in local cannabinoid shops or order it online. Products containing this cannabinoid remain unregulated, making it effortless for suppliers to manipulate the percentage of cannabinoids in the product. 

That’s why it’s important to find a reliable and transparent brand that offers products that have been carefully screened for quality.  

At Mr. Hemp Flower, we provide a Certificate of Analysis and other labs (like a terpene report) with each product. 

When a supplier refuses to provide reliable lab testing, run in the opposite direction. Also, avoid buying D-8 THC products at stores that don’t specialize in hemp cannabinoid products, like gas stations, convenience stores, bodegas, etc. If smoke shops take their liberties with untested products, imagine the type of products unlicensed stores could sell. 

Why Mr. Hemp Flower? 

Our team is dedicated to creating the best full spectrum cannabinoid products. We believe in the healing power of the hemp plant when consumed as a whole (the entourage effect). Since 2016, we’ve been using USA-grown, tested hemp cultivated by licensed and experienced growers. 

Because Delta-8 THC is likely legal in Texas, you can order any D-8 product from our website. From Delta-8 THC gummies, concentrates, soft gel capsules to hemp flower and D-8 pre-rolls, you will find products that will make your taste buds explode. 

Continued, Is Delta-8 Legal in Texas? 

YES, hemp-derived Delta-8 THC is LEGAL in Texas.

Recently, D-8 THC came under fire in Texas, but advocates fought against the passage of Texas House Bill 2593 that would’ve banned this cannabinoid. Luckily, they came on the winning side. As of this writing (10/06/2021), hemp-derived D-8 THC is legal in the Lone Star State. 

Shortly after the 2018 Farm Bill became law, Texas legalized the hemp plant, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a THC concentration of less than 0.3%. 

The Lone Star State also amended its Controlled Substances Act to separate “hemp” from “marijuana.” The amended law specifies that hemp or the tetrahydrocannabinols in hemp are excluded from the term “controlled substances.” This means that Delta-8 THC is not a prohibited substance in Texas. 

Delta-8 THC and Federal Law 

The 2018 Farm Bill legalized the hemp plant and all its derivatives and cannabinoids, including Delta-8 THC. Naturally occurring D-8 THC is 100% legal under the Bill. 

The legal complexities of D-8 THC stem from the way this compound is being manufactured. As you know, the hemp plant contains trace amounts of D-8 in its natural state. Such a low concentration is not enough for organic extraction, which is why chemists use a method of converting hemp-derived CBD to D-8 THC.

And this is where the legality of D-8 gets complicated. In its Final Interim Rule released in 2020, the Drug Enforcement Administration (DEA) stated that the Farm Bill doesn’t impact the status of synthetically derived tetrahydrocannabinols. 

The Rule doesn’t define the term “sytnethic,” which means, if the DEA decides that converting hemp-derived CBD into D-8 is a process of creating a “synthetic” cannabinoid, the Bill won’t have any effect over it. The agency hasn’t issued a final rule yet, but the industry expects that the final rule will keep the same stance. 

Is Delta-8 THC derived from hemp cannabidiol (CBD) a “synthetic” cannabinoid? Most experts agree that it doesn’t quite fall under the category of synthetic THC because it’s made from an organic source. Synthetic tetrahydrocannabinols are typically made from non-organic chemicals and have no connection to the cannabis plant. 

Another key difference between “synthetic THCs,” like Spice and K2, and D-8 THC is that the former are dangerous drugs with potentially lethal consequences. Synthetic THC mimics real THC in the body and acts on the same brain cell receptors but produces unpredictable and severe effects that can lead to overdose. 

Delta-8’s effects are of a much lesser intensity than Delta-9’s, which is one of the reasons people love to use it. Unlike traditional THC, D-8 makes the user feel more energetic, clear-headed, and overall, less anxious and paranoid. 

Without a clear definition of the term “synthetic” and federal guidance, the legality of D-8 will remain in limbo. So, for now, there’s not a clear path to prosecution for the DEA. But there’s a risk that the compound might get banned by federal law. 

Bottom line

Delta-8 THC is legal to buy in Texas. The Lone Star State refrained from passing a proposed bill that would’ve banned D-8 THC and other hemp tetrahydrocannabinols. Residents of Texas can freely order an array of D-8 THC products online. 

Delta 8 Texas Laws

Be Sure to Check Out: 

All Our Delta 8 Products

D-8 Gummies

All Delta 9 Products


Yes, D-8 THC is legal to buy in Texas! The Texas legislature avoided outlawing this hemp cannabinoid, which means there’s not an official ban that prohibits the distribution and sale of D-8 THC products.

Because this cannabinoid is still unregulated, it’s best to order your products online. Trusted brands, like Mr. Hemp Flower, offer lab-tested products and ship directly to your home.

Get it till it’s available! Residents of the Lone Star State can shop a range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

Yes, D-8 THC is considered a safe compound. Although more research is needed, so far, it hasn’t shown worse side effects when compared to Delta-9 or CBD. Consuming untested D-8 products is the primary source of risk, which is why we recommend going for a reliable supplier.  

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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