Is Delta 8 THC Legal in Texas?
Delta 8 THC is legal according to Texas state law. Like federal law, Texas specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
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.
TITLE 5. SUBTITLE F. – HEMP
Sec. 121.001. DEFINITION.
“hemp” means 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.
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TITLE 6. SUBTITLE C. – SUBSTANCE ABUSE REGULATION AND CRIMES
Sec. 481.002. DEFINITIONS.
(5) “CONTROLLED SUBSTANCE” MEANS A SUBSTANCE, INCLUDING A DRUG, AN ADULTERANT, AND A DILUTANT, LISTED IN SCHEDULES I THROUGH V OR PENALTY GROUP 1, 1-A, 2, 2-A, 3, OR 4. THE TERM INCLUDES THE AGGREGATE WEIGHT OF ANY MIXTURE, SOLUTION, OR OTHER SUBSTANCE CONTAINING A CONTROLLED SUBSTANCE. THE TERM DOES NOT INCLUDE HEMP, AS DEFINED BY SECTION 121.001, AGRICULTURE CODE, OR THE TETRAHYDROCANNABINOLS IN HEMP.
(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
The term does not include:
(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
(B) the mature stalks of the plant or fiber produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(E) the sterilized seeds of the plant that are incapable of beginning germination; or
(F) hemp, as that term is defined by Section 121.001, Agriculture Code.
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