Delta 8 is a cannabinoid that naturally occurs in hemp plants. It is similar to Delta 9 THC, the main psychoactive component of cannabis, but it produces much milder effects. As a result, some people use Delta 8 for its purported medicinal benefits, while others enjoy its calming effect.
In Texas, the situation with Delta 8 is a bit complicated. Delta 8 is not explicitly mentioned in the state's hemp laws, but it is considered a controlled substance under the state's definition of marijuana. This means that it is technically illegal to possess or sell Delta 8 in Texas.
However, there are some exceptions to this rule. First, the law only applies to Delta 8, which has been derived from marijuana plants, not hemp plants. This means that if you have Delta 8 that was derived from industrial hemp plants (as opposed to marijuana plants), it is perfectly legal to possess and use in Texas.
Second, the law only applies to Delta 8 that has been processed into a finished product (such as an oil or gummy). Meaning that if you have raw Delta 8 extract or isolate (i.e., Delta 8 that has not been processed into a finished product), it is also legal to possess and use in Texas.
So, what's the bottom line? Is Delta 8 legal in Texas? Technically speaking, no—but there are some caveats that make possession and use perfectly legal in most cases. If you have any questions about whether your particular situation falls into one of these exceptions, we recommend consulting with an attorney before purchasing or consuming any Delta 8 products.