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

Delta 8 Texas

Delta 8 THC has had a wild ride in Texas. The state hasn’t explicitly banned this cannabinoid, but there was a legal battle between the state and delta 8 vendors. 

Want to buy delta 8 THC in Texas, but you’re unsure if they’re fully legal? Let’s have a look at the current delta 8 situation in Texas.

Last Update: May 5, 2024


  • Hemp-derived delta 8 THC is legal in Texas. The state hasn’t explicitly banned the sale and possession of this cannabinoid.
  • Delta 8 THC survived a court battle between state legislators and vendors. A judge from the 3rd Court of Appeals ruled in favor of a delta 8 vendor by halting a ban on these products. 
  • You can order hemp-derived delta 8 THC online if you live in Texas. You can also buy it in local shops without any restrictions.
  • Texas legalized hemp under HB 1325 in 2019 and removed hemp tetrahydrocannabinols from the list of controlled substances.
  • Mr. Hemp Flower offers a range of delta 8 THC products for the Texas marketplace, including gummies, pre-rolls, and flower infused with delta 8 oil.

Is Delta 8 THC Legal in Texas? 

Yes, hemp-derived delta 8 THC is legal in Texas.

After multiple attempts to ban this cannabinoid in Texas, delta 8 THC is still not explicitly prohibited. Delta 8 remains legal (for now) in Texas following a ruling in a state court of appeals on September 28, 2023.

There was a court battle between the Texas Department of State Health Services (DSHS) and a delta 8 vendor. The vendor sued the DSHS after they announced on their website that delta 8 THC was an illegal substance.

After the company got a temporary injunction against the ban, the DSHS appealed the injunction and lost because the decision was upheld.

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% under HB 1325

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, which was confirmed by the court’s decision.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in Texas?

D8 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 D8 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. 

Delta 8 THC is legal in Texas, so you can order any product from our website. From delta 8 THC gummies, soft gel capsules to hemp flower and D8 pre-rolls, you will find products that will make your taste buds explode. 

What is Delta 8 THC? 

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, D8 THC has a more mild, less intoxicating nature. According to research, D8 is roughly half as potent as 9 when consumed at the same dose. Not only that, D8 THC gives the user a more energetic, less euphoric “high.” The hemp plant creates trace amounts of D8, so producers create it by chemically altering hemp-derived cannabidiol (CBD). 

Delta 8 THC and Federal Law 

The 2018 Farm Bill legalized the hemp plant and all its cannabinoids, including delta 8 THC. Naturally occurring D8 THC is 100% legal federally. 

The legal complexities of D8 THC stem from the way this compound is being manufactured. The hemp plant contains trace amounts of D8 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 D8 THC.

And this is where the legality of D8 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 “synthetic,” which means, if the DEA decides that converting hemp-derived CBD into D8 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 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. 

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, D8 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 D8 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. 

Final Thoughts

Delta 8 THC is legal to buy in Texas. The Lone Star State refrained from passing a proposed bill that would’ve banned D8 THC and other hemp tetrahydrocannabinols. Residents of Texas can freely order an array of D8 THC products online. 

Delta 8 Texas Laws

Be Sure to Check Out: 

All Our Delta 8 Products

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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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