Is Delta-9 Legal in Texas
Yes, Delta-9 products are conditionally legal in Texas
Conditionally Legal
Delta-9 THC is legal in Texas but with specific restrictions. The legality of Delta-9 THC is primarily determined by whether it is derived from hemp or marijuana:
- Hemp-Derived Delta-9 THC: Legal under both state and federal law, provided it contains no more than 0.3% Delta-9 THC by dry weight. This aligns with the 2018 Farm Bill.
- Marijuana-Derived Delta-9 THC: Legal only for medical use. Texas has a medical marijuana program known as the Texas Compassionate Use Program (CUP) which allows for the use of low-THC cannabis, defined as containing no more than 1% THC, primarily for certain medical conditions.
Recreational use of marijuana and products with higher THC concentrations remain illegal in Texas.
Delta-9-tetrahydrocannabinol (Delta-9 THC) is the main psychoactive compound in cannabis, responsible for the "high" associated with marijuana. It interacts with the endocannabinoid system, inducing euphoria, relaxation, altered sensory perception, and increased appetite. Besides recreational use, Delta-9 THC has medical applications for treating chronic pain, chemotherapy-induced nausea, muscle spasms, and appetite loss, with its use regulated in some areas.
The legal status of Delta-9 THC varies. It is legal for recreational and medical use in some places but restricted or illegal in others. The 2018 U.S. Farm Bill legalized hemp and its derivatives, including Delta-9 THC, if they contain less than 0.3% by dry weight. Delta-9 THC can be consumed through smoking, vaping, edibles, tinctures, and topicals. Unlike the non-psychoactive CBD and the less potent Delta-8 THC, Delta-9 THC is psychoactive. Understanding its properties, effects, and legal status is essential for informed use and navigating cannabis regulations.
Before purchasing Delta-9 in Texas, always check the lab test results for each product to ensure accurate labeling and safety.
If you want to learn more about Delta-9 in general, check out our Delta-9 Resource Center.
In Texas, the age requirement for purchasing Delta-9 THC products varies based on their source. For hemp-derived Delta-9 THC, you must be at least 18 years old. These products are sold in various retail locations, including convenience stores, vape shops, and online. In contrast, for marijuana-derived Delta-9 THC, which is available under the Texas Compassionate Use Program (CUP), there is no specific age limit for registered medical marijuana patients. However, patients must be approved by a qualified physician and follow the program’s guidelines.
No, smoking Delta-9 THC flower is not legal in Texas. While the state allows for the use of hemp-derived Delta-9 THC products with less than 0.3% THC by dry weight, the use of marijuana-derived Delta-9 THC, including smoking, is restricted to medical purposes under the Texas Compassionate Use Program (CUP). Even within this program, the focus is more on low-THC cannabis products, and smoking cannabis is generally not permitted.
Yes, Delta-9 THC products in Texas must undergo third-party testing. This testing ensures that the products meet quality standards, comply with state and federal regulations (including containing less than 0.3% Delta-9 THC), and are free from contaminants like pesticides, heavy metals, and residual solvents. This process helps ensure that Delta-9 products are safe, accurately labeled, and of high quality before they reach consumers.
In any case, be sure to do your research and only buy these products from reputable sources, as state-specific regulations can vary and may not be as comprehensive as those in states with more established cannabis programs.
