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  • Writer's pictureJustin Sparks

Is Delta 10 Legal in Texas? Understanding Local Laws About Hemp-Derived Cannabinoids

Delta 10 is a cannabinoid extracted from the hemp plant that has become quite popular in recent years. However, many people still have doubts about its legal status.


Is Delta 10 legal in Texas? Can a person order this tetrahydrocannabinol (THC) in any physical or online store? Read on to find out what local laws say about it.


What Is Delta 10?

What Is Delta 10?


Delta 10, also known as Delta-10-tetrahydrocannabinol, is a natural hemp-derived cannabinoid.


Since Delta 10 can cause psychoactive effects when used or mixed with other cannabinoids, such as Delta 9 THC or cannabinol (CBN), it was initially thought to be psychoactive.

Actually, it has a similar structure and properties as delta-9-tetrahydrocannabinol (THC) but is less intoxicating and intense. In addition, it shares a precursor compound with cannabidiol (CBD). Sparks Law Firm can answer questions like, "Is cbd legal in Texas?"


Delta 10 is produced by cannabis plants but in small concentrations. In fact, many plants don't even have detectable levels of this substance.


Therefore, the Delta 10 THC that several industrial hemp products contain has been produced in laboratories. Also, it's usually created as a high-strength Delta 10 distillate.

This cannabinoid is used for therapeutic purposes, as it can relieve stress, boost people's moods, and improve sleep quality. Thanks to its euphoric effects, it's a popular recreational substance. However, many are concerned about its legality.


Is Delta 10 Legal in Texas?


Delta 10 is legal in Texas. Both federal and state laws allow residents to buy, possess, sell, and consume this cannabinoid compound.


However, it's only legal if it contains less than 0.3% of Delta 9 THC and is hemp-derived.


What Does the Federal Law Say?


The 2018 Agriculture Improvement Act, also known as the Farm Bill, defines Delta 10 legal status. However, it doesn't mention this compound specifically.


Instead, the Farm Bill legalizes all natural, hemp-derived products and cannabinoids by putting a cap on THC content.


Also, as mentioned, it states that Delta 10 is legal as long as it has less than 0.3% THC by dry weight. Any product that exceeds that threshold is listed as a Schedule 1 drug.


Essentially, this act makes hemp-derived products legal but maintains the restrictions on marijuana.


What Does State Law Say?


Delta 10 is currently legal in Texas. During the 2019-2020 session, Texas House Bill 1325 was written into law.


This move by the state legislature legalized Delta 10 and other hemp-derived cannabinoids, endorsing the Farm Bill.


In other words, possessing, selling, distributing, and using this cannabinoid is completely legal in Texas. State laws also allow people to grow or cultivate Delta 10 to produce derived products.


However, Texas residents must also abide by the regulations set forth in the Farm Bill. Therefore, Delta 10 must have less than 0.3% of THC content in order to be legal.


Is Delta-10 a Controlled Substance in Texas?


No, it isn't. As stated, as long as it has less than 0.3% of Delta 9 THC and comes from natural hemp plants, Delta 10 doesn't qualify as a controlled substance.


Therefore, people can buy and enjoy the products without a medical license or prescription.

However, if a Delta 10 product exceeds this threshold, it falls under the controlled substances act, meaning this compound is considered a Schedule 1 drug.


Legal History of Delta 10 in Texas


Delta 10 was a Schedule 1 drug according to the Controlled Substances Act. Federal law and Texas law prohibited it.


However, the legal status of the drug changed in 2018 when the Farm Bill scrapped the ban.

Delta 10 and hemp products started to become cannabis alternatives, emerging in the Lone Star State and across the nation.


However, these products' arrival contradicts the purpose of the Farm Bill. Therefore, numerous states have gone after Delta 10 and similar drugs.


In 2021, state lawmakers tried to ban Delta 8, which would have banned delta 10 too. The bill was supposed to lower the criminal penalties for possession, but the product limit was 0.3%.

Ultimately, the bill never saw Senate votes because it was too controversial. Instead, in October 2021, the Texas Department of State Health Services changed its website and enforced a 0.3% cap on Delta 8 products.


This shows that the Texas DSHS is not afraid to take action against hemp products. However, companies aren't scared either, and they have filed lawsuits with significant success.


In November 2021, the prohibition on Delta 8 was blocked due to a temporary injunction. After that, the Texas Supreme Court refused to hear the DSHS case, which is a significant win for the hemp products industry.


Rules on Selling Hemp Products in Texas


The Texas Department of State Health Services imposes several rules on state vendors to guarantee that consumers are safe.


Products have to meet specific requirements, and vendors must make sure they don't have bacteria, harmful levels of pesticides, or metals.


Would Delta 10 Be Legal in Texas Permanently?


Both Delta 10 and the hemp industry face an uncertain future in the Lone Star State, and it's the same for similar cannabis-based products.


State lawmakers tried to ban Delta 10 in 2021, but they failed. Evidently, the product is in their sights.


Predicting what will happen is impossible, but a lot has to do with how mainstream Delta 10 becomes. The substance is popular, but it's not as famous as Delta 8, which could help from a legal point of view.


Nonetheless, it's important to remember that a ban on Delta 8 could have consequences on Delta 10 too.


Some lawmakers, for example, have suggested that the state should ban all THC isomers. A bill like that would target Delta 8 but could affect Delta 10 as well depending on its details.


Delta 10 Possession Limits in Texas


Texas has not imposed possession limits over Delta 10 as long as the products comply with the Farm Bill's regulations regarding THC content.


However, if it is not hemp-derived and has over 0.3% of Delta 9 THC concentration, there are some limits and legal consequences.


A person who possesses 2 ounces of this hemp-derived compound can be charged with a misdemeanor and face up to 180 days in prison and fines of up to $2,000.


Penalties for those possessing more than four ounces amount to $4,000 fines with prison sentences of up to one year.


Individuals possessing five pounds of Delta 10 would face penalties for a felony, which can carry a prison sentence of 180 days to two years and up to $10,000 in fines. Also, those with up to 50 pounds can face up to 10 years in prison.


Possessing 2000 pounds of this compound (if it does not comply with the legal regulations) is also punishable as a felony. Offenders may face a prison sentence of up to 20 years and a $10,000 fine.

People found in possession of more than 2,000 pounds of illegal Delta 10 THC could spend five to 99 years behind bars and be fined $50,000.


Additionally, those who possess such amounts of illegal Delta 10 and are charged for drug sale or trafficking could face harsher penalties.


Final Thoughts: What Happens If A Person Is Charged For Buying Or Using Delta 10 In Texas?


If Delta 10 is extracted from a cannabis plant and has less than 0.3% THC concentration, it's legal in Texas.


However, consumable hemp products made from laboratory-produced cannabinoids are classified as Schedule 1 drugs.


Charges related to Delta 10 purchase, possession, or use do not depend on the legality of the drug, since it's legal in Texas.


However, that does not mean that a person cannot face charges for other offenses. A driver caught after consuming Delta 10 could face DWI (driving while intoxicated or impaired) charges, even if the substance is legal at the federal level.


Fortunately, anyone facing charges related to the use of Delta 10 or other hemp derivatives can seek help from an experienced criminal defense lawyer.


With the help of a seasoned attorney, individuals facing legal trouble for possessing or using Delta 10 can build a strong defense to get their cases dismissed.


Understanding the law and pharmacology of Delta 10 is difficult. Both topics are complex and require extensive knowledge. Also, there are still many debates about this product's legality.

However, those who face charges for consuming this cannabinoid can learn more about legal regulations and their rights with the guidance of a lawyer.


Contact Sparks Law Firm Today!

Contact Sparks Law Firm Today!


We know that facing drug charges can be intimidating. If convicted, people can struggle to find a job, get loans, rent residential properties, buy a house, and more. Sparks Law Firm can also advise on what age of consent in Texas is.


Additionally, legal penalties for drug use charges can be severe and change someone's life forever.


Fortunately, those who have been accused of a drug offense can count on us! Sparks Law Firm's team of Fort Worth Texas drug defense lawyers has extensive experience handling these cases and is willing to help all our clients find opportunities for a better future.


We have served clients in Texas for years, helping them get their lives back on track after a drug arrest. Contact us and get a free consultation!

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