In: Criminal Defense

Status of Delta 8 Hemp Laws in Texas

With the Federal Hemp Act, states across the U.S. began to get involved with and invest in the hemp market. Hemp is a part of the cannabis Sativa L plant, from which not only legal hemp is harvested, but also illegal (in Texas) cannabis. The difference between the two is basically whether or not it can make you “high.” THC is the chemical in cannabis Sativa L that causes a high, and in many states with legal hemp and illegal cannabis, THC levels are strictly limited in the hemp products sold. A legal hemp product that surpasses the THC limit is then illegal and can expose you to criminal liability.

One of the experienced Texas drug crime lawyers from the Law Office of Brent D. Bowen PLLC is here to advise you regarding any concerns or criminal charges you have regarding cannabis, CBD, or Delta 8 products.

Delta 8 Laws Flip-Flop in Texas

One chemical in cannabis that makes you high is Delta 9, which is federally illegal. On the other hand, Delta 8 is a derivative of CBD, a product that is derived from legal hemp. Delta 8 can be smoked, vaped, or consumed in the form of edibles or drinks. The status of Delta 8 and its legality has been up in the air in Texas in recent months. However, Texas does not permit sale of smokable hemp or CDB products.

On October 15th, 2021, the Texas Department of State Health Services updated their Consumable Hemp Program, stating in relevant part that “all other forms of THC, including Delta 8 in any concentration and Delta 9 exceeding 0.3%, are considered Schedule I controlled substances.” Schedule I substances are strictly illegal and can result in criminal possession charges.

However, no other formal notification was made to the more than 2,000 licensed CBD operators in Texas who were and still could be selling Delta 8 products. In November, a Travis County District Court judge ruled that the Health Department did not follow proper rule-making protocol, so Delta 8 products are now - at least temporarily - legal to sell again in Texas.

Delta 8 is a legal gray area, and anyone facing criminal allegations of selling or possessing Delta 8 products should immediately discuss the matter with a criminal defense lawyer.

Connect with a Lewisville Drug Offense Attorney Today

The market, laws, and regulations surrounding hemp and cannabis in Texas have been evolving consistently since the laws began changing in our state in 2019. These laws are ever-changing and will likely continue to evolve, which can be highly confusing for residents in Texas. Many people have mistakenly faced arrests because they misunderstood current drug laws. Some authorities have pursued Delta 8 arrests, so you want the right criminal defense law firm fighting against any possible wrongful charges.

After an arrest or any type of drug charge, reach out to the Law Office of Brent D. Bowen PLLC to schedule a consultation. We can assess your rights and the best options for a strong defense in your case.