Is Delta 9 Legal in Texas?

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Following a 75-year prohibition in the United States, cannabis has been legalized or decriminalized in many states across the country. However, the topic of marijuana continues to be a divisive and polarizing one, leaving the future of cannabis legalization up in the air in many different states.

Even though delta 9 THC is legal on a federal level, it is not legal in every state, making the lines between which law trumps the other blurry for many cannabis users living in these states. Today, we’re here to take a closer look at whether or not delta 9 THC is legal in Texas.

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Key Takeaways

  • Delta 9 THC is federally illegal. However, hemp-derived delta 9 is legal under the 2018 Farm Bill.
  • Delta 9 products are legal in Texas as long as they contain less than 0.3% on a dry weight basis.
  • Delta Munchies is the best provider of delta 9 products in Texas.


Delta 9 THC and Federal Law

The legal history of cannabis (delta 9 THC in particular) in the United States has been a complicated one. Humans have used cannabis in food, medicine, and material making for thousands of years, but has become more harshly stigmatized in recent history.

Cannabis was completely federally prohibited in the United States for 75 years. This first changed in 1996 when California legalized cannabis for medical use, and again in 2012 when both Colorado and Washington State legalized marijuana within their borders.

As of 2022, cannabis has now been federally legalized and decriminalized for both medicinal and recreational use in America. However, each state still has its own individual cannabis laws. Some states have legalized marijuana for medical use and not recreational use while others have only legalized non-psychoactive cannabinoids like CBD. Some have decriminalized weed but not legalized it. Since this can be super confusing to keep up with, we’re breaking down each state’s cannabis laws so you can enjoy your weed as safely and responsibly as possible.


Is Delta 9 THC Legal in Texas?

Is delta 9 legal in Texas? Yes, delta 9 THC is legal in Texas, however there are some limitations. A bill called the House Bill 1325 was signed into law in 2019 making delta 9 THC legal in Texas as long as the concentrations were under 0.3% or less. This is very similar to the Farm Bill of 2018 which was signed into law making cannabinoids like delta 8 legal as long as cannabis distributors and manufacturers adhere to the same 0.3% or lower standard.


Texas Delta 9 THC Laws

Both delta 8 and delta 9 are legal in Texas. They are not regulated by the FDA, but anyone selling hemp products is required to register with the Texas Department of State Health Services (DSHS) so that routine safety and quality checks may be done. The Department of State Services also ensures that all delta 9 is adhering to the state law of 0.3% THC or lower.

However, delta 9 THC derived from marijuana instead of hemp is still considered illegal in Texas. Many psychoactive cannabinoids have been able to be legally sold due to the 2018 Farm Bill, but it has only been for hemp-derived cannabinoids with a THC content of 0.3% or lower.


What is Texas House Bill 1325?

So, before we deep dive into the Texas House Bill, you’ll have to know about the 2018 Farm Bill. This federal law legalizes hemp and hemp products that contain less than 0.3% of delta 9 THC in their dry weight.

While this bill allows for hemp at a federal level, certain states like Florida, Georgia, or Michigan also have their own in-state regulations. This is the case with House Bill 1325. This law reform, approved by the Texas Department of Agriculture, developed regulations over the hemp program throughout the state.

So, is hemp legal in Texas? Well, industrial hemp products were already legal in Texas; producers just couldn’t make them in the state. And with this House Bill, farmers and companies in the state were able to produce hemp-derived products that contain less than 0.3% of THC.


Is Delta 9 a Controlled Substance in Texas?

According to the government, a controlled substance is a drug or other substance that has a high risk of its user becoming addicted. Because of the “War on Drugs” that was introduced into our country in the 1970s by President Richard Nixon, marijuana unjustly fell under the federal category of controlled substances.

However, since then, there has been research-backed evidence that has shown marijuana is NOT in the same category of addictive drugs as opioids, stimulants, depressants, or anabolic steroids. Unfortunately, the legality has yet to catch up with the science.

So, is delta 9 THC a controlled substance in Texas? While hemp-derived delta 9 is not considered a controlled substance in Texas, unfortunately, marijuana is considered a controlled substance in Texas.


Delta 9 THC Possession Limits in Texas

As long as your delta 9 THC products are hemp-derived and adhere to the legal limit of 0.3% delta 9 THC or lower, you should be able to have as many as you want. However, it’s important to differentiate between hemp-derived delta 9 THC and marijuana. Possession of marijuana is still considered a crime in Texas and, depending on how much law enforcement finds on you, can range from a misdemeanor to a felony.


Is Delta 9 THC Legal to Purchase in Texas?

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This is a complicated answer, but the short version of it is yes. The long version goes something like this: yes, but it needs to be 2018 Farm Bill and Texas House Bill 1325 compliant.

Without getting too technical, the products must have less than 0.3% of delta 9 THC by their dry weight. This limits the product variety to edibles, vaping pens, and tinctures. However, the most common products you can purchase are infused products like gummies.

Due to edibles having other products besides the hemp extract, dispensaries and producers can create tasty and functional infused foods that are fully compliant with the law. Just make sure to check their lab testing and that all the products are hemp-derived.


Can You Fail A Drug Test From Hemp-Derived THC?

Sadly, yes. Most commercial drug tests look for a thing called metabolites, which are traces that delta 9 THC leaves when it is processed in your system. As of today, the studies used to detect cannabinoids can check urine, blood, or even hair.

Since these tests are made for weed in general, they will detect the metabolites without making the difference if they are cannabis or hemp derived. Blood tests can find THC traces for up to 24 hours, urine tests can find them in your system for up to 3 weeks to a month, and hair follicle tests can find them for up to 3 months.

Even some cannabinoids like delta 8 THC leave similar traces to delta 9 THC, so sadly, you won’t be able to tell the practitioner that you had hemp products instead of weed. So if you have a test coming, we recommend stopping the consumption some days prior to your test or even more time, depending on your consumption.


Can You Still Buy Delta 9 in Texas?

Yes, as long as it is hemp-derived. Unlike other states that have other kinds of regulation, the House Bill from the Texas Agricultural Department aligns with the 2018 Farm Bill. That means it allows for products will less than 0.3% of delta 9 THC to be produced and bought over the counter or online.

That said, we’d recommend sticking with processed products such as gummies, candies, or even tinctures. It is somewhat known that the possession laws in Texas are rather strict, and while you can get CBD strains with little to no THC, you can still get in trouble just for having a few nugs on you.

Because of this, most producers in the state or shipping to Texas prefer processed products to ensure the safety of their consumers. So to stay safe, stick with hemp-derived items and always have lab reports at hand or somewhere on your smartphone.


Is Delta 9 Legal in Texas for Recreational Use?

No, cannabis is not legal for recreational use. Hemp products that have less than 0.3% of delta 9 THC are allowed to be consumed and produced, but it is not the same as saying all delta 9 THC is legal for recreational use.

This is important, as you might think that CBD flower with less delta 9 THC could be, in theory, legal. However, as this 2019 report explains, most crime labs do not have the technology to differentiate between marijuana and hemp.

At most, labs will be able to differentiate between delta 9 THC and CBD, but that would usually happen after you get detained. The general laws in Texas regarding possession are pretty strict, with the possession of only 2 ounces or less of the flower is considered a misdemeanor with up to 180 days of imprisonment or a $2,000 fine.


What Happens if I Get Pulled Over with Delta 9?

Texas drug penalties mainly depend on how much of the substance you have. Most of the time, police officers will confiscate your flower and take you over for registration and analysis.

According to Texas law, the possession penalties depend on how much you are carrying. We’ll delve into this in the next section, but as we explained above, most criminal labs won’t detect the difference between hemp and marijuana as the actual difference usually can be found through chromatology exams.

So to be fair, even with CBD products, we’d recommend sticking with prepackaged products with distinctive labeling and traceable lab reports when traveling or living in Texas.


Is Possession of Delta 9 a Felony in Texas?

No, possession of flowers is considered a misdemeanor for up to 4 ounces of flower. For possession of 2 ounces and lower, it is considered a Class B misdemeanor which is punishable by up to 180 days of imprisonment or a fine of up to $2,000.

If you possess anything between 2 and 4 ounces, it is considered a Class A misdemeanor which means a fine of up to $4,000 and up to a year of imprisonment. Anything above that is considered a felony, which increases the fine or time in state jail, so in general, if you are planning to travel or consume hemp or marijuana products, stick with processed or packaged items.


Will Delta 9 Get You High?

Yes, delta 9 THC is a psychoactive compound that can get you high. This happens due to the interaction of this chemical with the proteins of the CB1 and CB2 receptors of our nervous network.

Thanks to the binding to the proteins of these receptors, you get what the community usually calls “getting high.” These effects can last anywhere from 1-3 hours when inhaled or smoked, up to 12 hours when eaten, or anywhere between 6 and 8 hours with sublingual products like tinctures.

However, if your goal is to get high, legal hemp-derived delta 9 THC comes in smaller doses than medicinal cannabis.

That said, hemp has plenty of secrets that could be useful. Other psychoactive compounds like delta 8 THC has about 50% potency of delta 9 and are fully hemp-derived. There are products like edibles that can use different dosages and presentations, which can be useful for heavier doses or methods.


Is Delta 9 THC Safe?

In general, yes, delta 9 THC is safe to consume under the Farm Bill laws. This is because most products that are hemp-derived use very low doses of this psychotropic cannabinoid, mostly available in edibles, tinctures, and vape pens.

Now, THC is known for having a few side effects and unpleasant sensations. However, research has shown that the addition of other non-psychoactive cannabinoids like CBD could aid these symptoms by blocking the interaction with the CB1 and CB2 receptors.

So, in general, as long as you are buying hemp-derived delta 9 THC it is fairly unlikely that you’ll get unwanted effects when trying any product. 

Other legislative frameworks, like medicinal cannabis, can be different depending on the state and the dosage, but it is very limited in Texas and must have a medical certification and licensing which hemp-derived products do not have.


Does Hemp Have Delta 9?

Yes, in really small quantities. For Cannabis Sativa to be legally considered hemp, it has to have less than 0.3% of delta 9 THC in its dry weight. So naturally, most legal flowers come from crossbreeding strains that have a higher CBD percentage.

Commercial and legal delta 9 THC products usually add this cannabinoid through extracts by infusing them into the final products. Unlike smoking flowers, edibles have other ingredients that add to the total weight, allowing a bigger window for producers to add THC to these products.


Where to Buy Delta 9 in Texas

Since hemp-derived delta 9 is legal in Texas, you may be able to find delta 9 at a variety of smoke shops or specialty stores across the state. However, depending on how rural you live, it may be more difficult to find than in bigger cities.

Thankfully, since it’s federally legal to ship hemp-derived delta 9 to all 50 states, the easiest place to buy delta 9 in Texas is online. Here at Delta Munchies, we offer hemp-derived, full-spectrum delta 9 THC that adheres to all federal and state guidelines and regulations while still being potent enough for seasoned stoners. Here are our best-selling delta 9 products:

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Disclaimer: This article was last updated in September 2022 and the information pertaining to federal cannabis laws and state cannabis laws is reflective of that time. Because cannabis laws in the United States are constantly changing on both federal and state levels, the information in this article is subject to change at any time. Additionally, this article is NOT legal advice, and no entity at Delta Munchies is giving legal advice. If you are unsure about your state’s individual cannabis laws, please look for more information on your state’s official state website(s).


You can learn more in detail about other degrees of penalties due to weed possession here, or watch this video to learn more about the legislation of cannabinoids in Texas: