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Is Delta-8 THC Legal in Texas? (2022)

Is Delta-8 THC Legal in Texas? (2022)

The legalization of Delta-9 THC has gained a lot of publicity over the past couple of years, and it’s started the conversation around the effects of cannabis products. There is a lot to consider when it comes to the issues surrounding cannabis and cannabinoids – especially with the legality side of things. Delta-9 THC is federally legal in all States, providing that the THC content is below 0.3 percent of dry weight.

But what about Delta-8 THC? Delta-9 and Delta-8 THC have very different effects on the body. Although they have similar chemical structures, Delta-8 THC produces a far less potent “high” than its cousin. The regulation surrounding Delta-8 THC isn’t as strict as Delta-9.

Whether you’re a seasoned pro or a cannabis virgin, we’ve got all the answers you’ve been searching for. In this article, we’ll explore the legality of Delta-8 THC in Texas, so you can understand the varying degrees of cannabis use in and around the State. Let’s take a look!


Is Delta-8 THC legal in Texas?

The laws surrounding cannabis use in Texas are very much in line with federal law, but it’s always important to check before you travel - especially as the legality of THC is always changing! Currently, Delta-8 THC is temporarily viewed as a legal alternative to weed in Texas because of the 2018 Farm Bill. But it’s a bit more complicated than that.

Before the 2018 Farm Bill came into effect, most forms of hemp, including Delta-9 THC, were illegal in Texas as they have no recognized medical value. In short, it basically means that THC is illegal to own or possess at a federal level. This means that if you were caught with THC, you could face charges. 


Woman eating delta 8 gummy


Here’s where it can get confusing! Although THC is federally illegal, states can enforce their own restrictions within state boundaries. For example, some states have passed laws that restrict the use and possession of Delta-9 THC, which fall into one of following three categories:

  • The use of Delta-9 THC is banned entirely.
  • Delta-9 THC can be used recreationally and medically.
  • Delta-9 THC can only be used medically for a qualifying medical condition that requires a prescription.

In Texas, medicinal cannabis is legal to a minimal extent, but recreational cannabis is strictly outlawed.

Delta-8 THC has become very popular over the past few years due to its level of ambiguity over federal and state level law. The Farm Bill decriminalized most hemp derivatives, like CBD and Delta-8 THC, as the psychoactive effects are minimal. Federal restrictions only impact hemp products with a high psychoactive and mind-altering effects, such as Delta-9 THC. Learn more about the differences between Delta-8 and Delta-9 THC.

The introduction of the Farm Bill meant that cannabinoids could be manufactured commercially and sold across all states, providing the products did not contain more than 0.3% Delta-9 THC. This technicality allowed other THC isomers to be commercialized, such as Delta-8 THC.

Delta-8 THC is legal across all states; however, some states have written laws that prohibit the use of the substance. Currently, no legal action is taken against consumers, producers, and vendors of Delta-8 THC in Texas. There is no sign of Texas introducing any bills or legislation to change the legality of Delta-8 THC, and so it remains legal for now.


What’s the future of Delta-8 THC in Texas?

In October 2021, the State of Texas prohibited the use of Delta-8 THC, but no official arrests were made. Then in November 2021, a judge blocked the ruling that Delta-8 THC was categorized as a Schedule 1 substance, so stores resumed selling it. Since then, the laws in Texas have remained neutral toward Delta-8 THC, but there are campaigners who are still fighting to get the substance outlawed.


Dried cannabis leaf


Delta-8 THC producers argue that it won’t be going anywhere anytime soon, even in Texas! Even if the United States were to decriminalize Delta-9 THC, it would not affect the demand for the Delta-8 isomer. Why, you ask? Because it’s consumed with very different intentions and the mental and physical effects impact means that there is a viable marketplace for both cannabinoids.


What Cycling Frog products are legal in Texas?

Here are our favorite Delta-8 THC products that are completely legal in Texas, so you can enjoy worry-free!


1.Delta-8 Tinctures

Shift your mindset and unwind with our Delta-8 THC + CBD tinctures, available in two delicious flavors – Strawberry Lemonade and Agua Fresca. With 25 mg of CBD per serving, it’s the perfect way to balance your mind and feel refreshed.


2. Mango Pineapple Gummies

A mouthwatering and electrifying experience inside every bite. Our Mango Pineapple Gummies are infused with 25 mg of Delta-8 THC per serving, so you can loosen up and enjoy the ride.


3. THC Free CBD Isolate

Discover our 100% THC free CBD isolate, perfect for anyone wanting a versatile way to experience the benefits of CBD. Simply mix with food or drink, or you can incorporate it into DIY oils and topicals. Choose from three terpene-infused flavors, or opt for our Raw isolate with no added flavor or terpenes.

Get in touch with us for more information on our products!

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FDA DISCLAIMER The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

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