TEXAS – Delta-8 THC is considered a chemical cousin of the main intoxicating ingredient in marijuana, and as its popularity has increased, states have taken its legality into account.
What you need to know
- States have faced the legality of a popular chemical compound called delta-8
- Delta-8 has increased in popularity recently and is often marketed as legal where there is no marijuana. It can be found in steamers, jelly beans and other forms
- The Texas State Department of Health Services recently updated its website to say that delta-8 is not legal in Texas
- Zachary Maxwell, president of Texas Hemp Growers, recently told Spectrum News 1 that the popularity of delta-8 is seen as an advantage for the state’s hemp industry
If there were any questions in Texas, an update to the State Department of Health Services website has paused it. It is illegal in Lone Star State.
Chapter 443 of the Texas Health and Safety Code (HSC 443), established by House Legislature Bill 1325 (86th Legislature), allows consumable hemp products in Texas that do not exceed 0.3% tetrahydrocannabinol Delta -9 (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 in excess of 0.3%, are considered List I controlled substances, ”says the recently updated DSHS website.
DSHS continues to say it has no regulatory authority over controlled substances and that complaints should be directed to police.
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The chemical, called THC delta-8, is billed to produce a softer maximum than the better-known THC delta-9, and delta-8 is often marketed as legal even where marijuana is not. This argument stems from the fact that most delta-8s are synthesized from CBD, a popular non-intoxicating chemical that prevails in hemp, a form of cannabis that Congress legalized in 2018.
There are no quick and quick statistics on delta-8 sales, which are available in vapes, gummies and other forms. Ian Laird, of data analytics company Hemp Benchmarks, has said it has been the fastest-growing hemp chemicals market segment over the past year, after CBD wholesale prices fell amid oversupply and other problems.
The DSHS update could be a blow to Texas business owners. Spectrum News 1 recently spoke with Zachary Maxwell, president of Texas Hemp Growers. At the time, he said the growing popularity of delta-8 was an advantage for the state hemp industry.
“Delta-8 is not manufactured in cultivation rooms or on farms. In fact, it is synthesized in the laboratories that create the CBD oil we all know. When these laboratories are able to sell more oil to the market, it means that In this state it is more likely to buy from hemp farmers, ”Maxwell said.
The Associated Press contributed to this report.
