Whether you are in Austin, Texas, or anywhere else, you might be wondering if it’s legal to consume delta-8, the oil that is produced by algae. Read on to find out if you can be prosecuted for consuming it and what the health benefits of eating it are.
Legality in Texas
Earlier this year, the Texas Department of State Health Services (DSHS) decided that Delta 8 THC was not legal. This decision is a direct contradiction to the federal Farm Bill’s rules.
The reason is that the Farm Bill places a cap on the THC content of cannabinoids. According to the Farm Bill, cannabinoids may not exceed 0.3% THC content. Delta 8 THC is not allowed to exceed that limit.
However, Delta 8 is not a synthetic substance and is naturally produced by hemp. Hemp is not illegal, but it is subject to regulation. In order for hemp to be legal, the state must develop a plan to monitor production.
Since the Farm Bill passed, the market for delta 8 products has grown. There are many retailers who have made substantial profits from the product. There are thousands of people working in smoke shops and CBD stores in the state.
There are also several small businesses that rely on the product for sales. Some stores have millions of dollars worth of delta-8 stock.
Health Benefits of Delta-8
Whether you are interested in buying delta-8 in Austin, or you are a consumer who is just looking for more information about this cannabis Sativa plant, you have come to the right place. This article will provide you with basic information about the delta-8 cannabinoid, its effects, and its potential health benefits.
Delta-8 is a hemp product, meaning that it contains less than 0.3% THC. In order to make products that contain this cannabinoid legal, they must be manufactured in a way that ensures the THC concentration is below that amount.
Delta-8 products are available in several forms, including chocolate and gummy candy. However, some consumers report that these products can cause hallucinations, loss of consciousness, and vomiting. This means that if you are planning to use this product, you should be on the lookout for any suspicious products.
Despite the ambiguous legal status of delta 8, retailers have found ways to take advantage of the situation. Currently, you can buy delta 8 in Texas, as long as you have a valid ID and can show you have a legitimate reason for purchasing the product.
Alternatives to Delta-8
During the last legislative session, the legal status of delta-8 in Texas was an important issue. The Delta-8 law was pending, but a temporary injunction was granted against the state’s ban on delta-8 products.
The Department of State Health Services, known as DSHS, attempted to classify delta-8 as an illegal substance. The resulting confusion created by the legislation led to a lawsuit.
The lawsuit was filed by Austin-based dispensary, Hometown Hero, which argued that the state’s rules didn’t follow Texas’ rule-making requirements. After the suit was filed, the court ordered a temporary injunction against the state’s ban on delta-8.
Although the temporary injunction was upheld, the ruling won’t be permanent until an official decision is made. However, it is expected that Delta-8 will remain legal in the state until the 2022 farm bill is voted upon.
In the meantime, some stores plan to set up pop-up venues in legal states, and others plan to ship delta-8 products to customers. These products are often not evaluated by the Food and Drug Administration and can contain heavy metals, pesticides, and mold.
Can You be Prosecuted For Delta-8?
Until recently, there was no official law prohibiting the sale of Delta-8. However, several lawsuits have been filed against the Department of Health and Human Services (DHHS) for its decision to make it illegal.
The Ninth Circuit Court of Appeals ruled that Delta-8 is legal, although its legality is unclear. The ruling is applicable only to nine western states. In addition to determining the legality of the drug, the Ninth Circuit has also upheld a temporary injunction against the state’s ban on it.
In Nevada, delta-8 products are regulated by the Nevada Cannabis Compliance Board. The board only permits the sale of delta-8 by licensed hybrid retailers.
In Kansas, however, the attorney general’s opinion piece argues that the products are illegal unless they contain at least 0.3 percent THC. The possession of marijuana-derived delta-8 is a Class B misdemeanor that can carry up to six months in jail.
The Douglas County District Attorney will begin prosecuting businesses that sell Delta-8. According to DA Valerie Valdez, this is based on the “prevailing community interests” and “effective allocation of resources.”
