Whether you’re a Texan who’s curious about Delta 8 or just a tourist who’s looking to find out the legality of Delta 8 in Texas, you’ve come to the right place. In this article we’ll look at the state laws regarding the consumption of hemp, as well as the penalties for possession and sale of drugs. We’ll also look at the history of cannabis in Texas, as well as the state’s hemp industry.
Hemp is Legal in California
Hemp is legal in California, but you have to meet some conditions. The law defines industrial hemp as a crop of Cannabis sativa L. with a THC content of at least 0.3%.
To be a grower, you must register with the State Department of Public Health and obtain a license. You must also provide your contact information, cultivars, and seeds to the department.
A hemp product can be used for food, animal feed, and other products. You must ensure that it is not contaminated with THC or other contaminants. Also, you cannot sell it to consumers under 21.
Under AB 45, cannabis businesses can sell products that contain CBD. These include beverages, dietary supplements, and cosmetics. In addition, the Department of Public Health can regulate serving sizes and cannabinoid concentrations. It can also regulate shelf stability and other requirements for foods.
AB 45 was passed by the California legislature on September 10, 2018. It was signed by Governor Gavin Newsom.
Hemp is Legal in Texas
Hemp is legal in Texas, but it is unclear how to legally grow and sell it. Laws are still being revised.
The state’s law allows people to possess hemp flower with less than 0.3% THC. However, it also prohibits the production of smokable hemp flowers.
The legality of Delta-8 in edibles is still being contested. A lawsuit is pending to determine whether or not this particular cannabinoid is legal in Texas.
However, hemp-derived CBD is legal in Texas. This particular cannabinoid is regulated by the Federal Drug Administration.
While there is some overlap between the two, marijuana has a much larger amount of THC than hemp. If you are found to have marijuana, you will be prosecuted. Marijuana is considered a Schedule I controlled substance.
While the Texas legislature passed a bill that made marijuana legal, they failed to provide additional funding for testing. So, most state drug testing labs were ill-equipped to test for THC.
Hemp Products Must Contain Less Than 0.3% THC
The Agriculture Improvement Act of 2018 removed hemp from the definition of marijuana. However, it left the question of whether or not hemp is legal to consume.
Texas law allows hemp products that are less than 0.3% Delta-9 tetrahydrocannabinol (THC), by dry weight. This amount is also known as the THC limit.
In fact, there are now a number of hemp products on the market in the state. These products have received positive reviews and are often regarded as a safe alternative to traditional marijuana. Nonetheless, the Texas Medical Association calls for a comprehensive study of these products.
As a result, the FDA is currently collecting data on the safety of cannabis products. They have not received any reports of adverse events from the consumption of cannabis products.
However, the FDA does regulate products containing cannabis-derived compounds under section 351 of the Public Health Service Act. It is a good idea to consult a qualified cannabis clinician before using a hemp product.
Penalties For Drug Possession
Delta-8 and delta-9 are two chemical compounds produced by the cannabis plant. They differ in the location of a double bond between carbons in the molecules. This makes them detectable for a short period of time. In the end, however, they appear on the same drug tests.
Delta-8 and delta-9 are legal substances in some states. However, in Texas, delta-8 is illegal.
In Texas, delta-8 and delta-9 THC share chemical structures that make them hard for law enforcement agencies to tell the difference. They are also detectable for a long period of time after they are stopped.
The Texas Legislature has not explicitly made delta-8 illegal, but it is still a crime. DSHS has asked the Texas Supreme Court to reinstate the ban on delta-8.
Delta-8 can be found in products such as hemp oils, dab pens, and edibles. Whether or not they are legal depends on how they are detected.
