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  • Writer's pictureJustin Sparks

Is Delta 9 Legal in Texas? - The Sparks Law Firm

The recreational use of cannabis is a complex subject in the United States.

When the United States Congress approved the Farm Bill, people could possess and consume hemp-derived products at a federal level. That's when CBD products and Delta-8 became popular in the country.

Since 2022, stores started to sell Delta-9 THC in Texas, which is a much stronger psychoactive compound than Delta-8. Everything comes from a loophole in the federal law mentioned before.

Now, the hemp industry is more popular than ever, and people can see others with hemp products all over the state.

Anyone looking forward to learning more about hemp products and how legal they are in Texas can read this page.

The Sparks Law Firm is there to help anyone in need of legal assistance in Texas, whether it's for a cannabis-related case or any other legal matter. Clients can call it now to schedule a free consultation with one of its lawyers. These attorneys know everything clients would need to know about cannabis-related laws. They can also answer questions like, "What is the legal BAC limit for Texas drivers under the age of 21?"

Does Delta-9 THC Come from the Cannabis Sativa Plant?

Does Delta-9 THC Come from the Cannabis Sativa Plant?

Before understanding the legal background behind hemp products, people need to know what Delta-9 is and how it works.

Delta-9-tetrahydrocannabinol (THC) is the strongest psychoactive in marihuana. Moreover, it's what makes people high when smoking joints or eating edibles.

Hemp is part of the same species of the cannabis plant, but it's lighter, as it has less than 0.3% of delta-9 THC on a dry-weight basis. People use hemp for industrial and medicinal purposes since it's now legal in all the country.

Summarizing it all, delta-9 THC is psychoactive in the cannabis plant. Hemp, which is called cannabis sativa L, is a lighter alternative to it.

Understanding the Hemp Plant - Cannabis Sativa L Products

Most people use hemp products for medical purposes, so it's part of the treatment of epilepsy, asthma, skin burns, or STDs.

However, people can also use it for other things, such as cooking. Some chefs use cannabis sativa seeds to make hemp-derived oil.

This plant has excellent nutrients for animals, so many use hemp plants for bird feed. Cannabis sativa became legal in 2018 after Congress approved the Hemp Farming Act.

Are Delta-9 THC and Other Hemp-Derived Products Legal in Texas?

Is Delta-9 legal in Texas? It technically is.

Hemp products are only legal if they have 0.3% or less THC content. That means people can buy products that do have that delta-9 THC content.

Hence, even if they are not allowed to have a marijuana plant at home, people can get any edibles they want as long, as their delta-9 THC dry weight is not higher than 0.3%.

Whether it was by design or accident, this is a legal loophole that allows people to get high legally. Dealers can now, for example, sell brownies with delta-9 with no problem.

That dose of THC shouldn't get people high, right? Well, even if it seems like a harmless amount of delta-9 THC, it could make anyone high.

Things don't end with brownies, though. People can inject delta-9 into gummies or any other food they want.

Regardless of that, people can't have vapes with concentrated delta-9 THC oil, which confuses a lot of people. The Texas law doesn't allow anyone to manufacture or process hemp-derived delta-9 products for smoking in the state, even if they come from a private company.

Any hemp derived delta-9 THC products in the Lone Star State must comply with the DSHS regulations in the Texas Administrative Code.

Can Texas Have a Cannabis Plant at Home in Texas?

Although hemp is not on the controlled substances list of Texas, that doesn't apply to regular cannabis plants. Texans can't possess, cultivate, or manufacture marijuana plants in the state.

However, they can cultivate industrial hemp, as it's federally legal. Anyone looking forward to cultivating hemp needs a Producer's license before and a Lot Crop Permit (LCP). They will have to apply for the LCP after they get the Producer's license.

Texans can send an application to cultivate hemp plants through the TDA's portal.

The same happens if they want to sell hemp products. They need to finish the DSHS Hemp Retail Registration process.

When someone applies for a license to manufacture, process, or distribute hemp-derived delta-9 products, they need to pay a $258 initial fee. There are other complementary requirements such as fingerprints, business documents, and other important information.

Once they have their license, people from the Lone Star State need to make sure their product is safe for consumption.

That means that the hemp is free from pesticides, harmful microorganisms, and of course, that doesn't have more than 0.3% delta-9 THC content.

It's important to understand that the Federal Government didn't legalize marijuana, they just decriminalized hemp products. Even if that was meant to let people under medical treatment use it, it now lets them use it for recreational use, even if recreational marijuana is not federally legal.

Is delta-9 legal in Texas? Yes. Can people consume hemp products on the street? They technically can, as long as they are not smoking it.

What Are the Penalties for Possession of Cannabis?

When Texas Governor Greg Abbott signed the Hemp Farming Act, he got hemp out of the controlled substances list of Texas.

Since that doesn't include marijuana, there are still severe penalties for people who get caught smoking it or consuming it in any other way.

If a police officer catches someone with less than four ounces of a cannabis plant or other cannabis products, the court will see it as a misdemeanor.

On the other hand, if the person has four ounces or more, the court will charge them with a felony. Hemp-derived delta-9 products with a dry weight basis of 0.3% or less won't be a problem, though.

These are a few of the penalties people with a misdemeanor for marijuana or hemp products that exceed the legal limit of THC in Texas can get:

  • 180 days of jail time

  • Fine that doesn't go beyond $2,000

These are the ones for felonies:

  • One year of jail imprisonment

  • Fine that doesn't go beyond $4,000

How Is Delta-9 Different from Delta-8?

The main difference between delta-9 and delta-8 is how strong each of them is. While delta-8 can give people a few of the effects of marijuana, it's not nearly as strong as delta-9.

People can get completely high if they consume delta-9, as it's the main psychoactive of cannabis. When someone gets delta-9 products, they are, in a nutshell, taking the part that causes the most effects of cannabis.

Should People Buy Consumable Hemp Products in Texas?

Should People Buy Consumable Hemp Products in Texas?

It's not on anyone to recommend other people the use of cannabis products unless it's for medical purposes. However, if Texans want to buy hemp products, they should follow a few tips to make sure they have a safe experience.

The first thing they should do is to look for a professional retailer that offers high-quality products that comply with Texas Law. Some CBD shops sell low-quality products that could be harmful to the user's body.

Anyone with a license can sell products with a THC dry weight basis of 0.3%, which means people can now see it in common places such as gas stations or supermarkets. It's not hard to notice how many CBD businesses have started to work since people noticed the legal loophole in the Farm Bill.

Experts recommend people get their products from online stores. Those stores are often more transparent than physical ones and have a higher offer.

No one can know if the products they are getting from a random store truly have the amount of THC content legal in Texas. If they exceed that limit, those people could get in trouble with the law for something that they thought was legal.

However, if they get into that kind of trouble, they can always contact the Sparks Law Firm to help them out. This law firm will schedule a free consultation with the client and tell them everything they should know to avoid a criminal conviction.

Bottom Line - Is Delta-9 Legal in Texas?

Delta-9 is legal in Texas, as well as any other hemp-derived product that doesn't have more THC than the Farm Bill allows them to have.

People who used this substance for medical purposes may already know everything they need to know about it and where to get it from. However, newcomers getting it for recreational purposes need to be as cautious and responsible as they can.

This legal loophole is new to Texas, so many people haven't tested it in actual courts. Hence, they need safe legal assistance from a professional firm such as the Sparks Law Firm to tell them what they can do to avoid any issues with the law.

When someone hires this law firm, they get help from a professional, qualified, and licensed Fort Worth criminal defense lawyer with deep knowledge of Texas law. Clients can feel free to ask these lawyers anything they need to know about cannabis-related laws or any other legal matter.

The lawyers from this law firm also take personal injury cases, so any victim of an accident caused by the negligence of other parties can sue them with their help.

Naturally, laws are different in other states, so everything stated in this blog post only applies to Texas.

Regardless of that, the Agriculture Improvement Act is effective on a national level.


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