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Did You Know Delta-8 May Be Illegal under Texas Law?

Did You Know Delta-8 May Be Illegal under Texas Law?

Hemp is defined under Texas law as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."

In June of 2019, Texas passed laws creating a state industrial hemp program. The 2018 Federal Farm Bill explicitly legalizes all hemp-derived cannabinoids, extracts and derivatives with no qualifications. At first pass, this seems like Delta-8, so long as it’s derived from hemp, is 100% legal under the bill.

However, there are three issues that create confusion on how to apply the Farm Bill to Delta-8.

  1. Members of Congress passed the bill with the idea that hemp products were benign and non-intoxicating – Delta-8 is intoxicating;
  2. Delta-8 is included in the DEA’s list of controlled substances along with Delta-9;
  3. The greatest argument against hemp-derived Delta-8, is that the compound doesn’t appear in hemp with enough volume to extract and use. Delta-8 products are made synthetically from CBD that had been extracted from hemp and put through an isolation and distillation process.

Synthetic marijuana is still illegal under Texas Law. There are other processes to make delta-8 hemp naturally, but most of those are illegal under federal law. If you are a retailer, manufacturer, or you have been arrested for possession of delta-8, call our office to have a lawyer-scientist designated by the American Chemical Society (CHAL) review your situation.

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