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Is Delta 9 Legal in Texas? - Erth Wellness

Is Delta 9 Legal in Texas?


Like many, you may already know that hemp is legal under federal law. This is all thanks to the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill.

However, since hemp laws and regulations vary between states, it is normal for residents and visitors to the Lone Star State to wonder: “Is delta 9 legal in Texas?”

If you are looking to buy or use delta-9 THC products in Texas, this quick guide provides vital information about the legality of possessing and using such hemp products in the state.

What Is Delta-9 THC?

Delta-9 THC (delta-9-tetrahydrocannabinol) is one of the many important compounds in cannabis plants. It is found in both hemp and marijuana, and it is the primary psychoactive element that makes people feel high after consuming cannabis.

The naturally occurring compound can interact with brain receptors to produce beneficial mind-altering effects, provided they are consumed responsibly and in moderation.

After taking delta-9 gummies, it is common to experience one or more of the following:

  • A heightened sense of perception
  • Increased relaxation and euphoria
  • Enhanced creativity and imagination
  • Enjoyable social interactions
  • Increased appetite
  • Better mood
  • Better sleep

Is Delta 9 Legal in Texas?

Following the federal government’s Farm Bill of 2018, Texas lawmakers passed House Bill 1325 in 2019, which was signed into law by Governor Greg Abbot. The law essentially made it legal to produce, manufacture, and sell hemp and hemp-derived products in Texas.

Under current Texas law, delta-9 THC is legal in Texas, provided it meets the following conditions:

  • It is derived from any part of the Cannabis sativa L. plant (hemp).
  • The THC concentration does not exceed 0.3% on a dry weight basis.

To be clear, any cannabis product containing THC levels higher than 0.3% is regarded as weed or recreational marijuana, making it illegal in the state of Texas.

Our hemp-derived THC gummies are made from pure delta-9 THC with levels below 0.3% by weight, making them legal both under federal and Texas state laws.

Why Is Delta 9 Legal in Texas but Not Marijuana?

Hemp and marijuana are two common varieties of the cannabis plant. However, their THC content and use vary, making one legal and the other illegal under federal law.

Marijuana (commonly known as weed) refers to a variety of cannabis with higher levels of THC ― the psychoactive compound responsible for the euphoric and intoxicating effect of cannabis use.

While marijuana can be used in medicine, it is often grown for recreational purposes because it provides a more intense “high.”

On the other hand, hemp contains low THC levels (no more than 0.3% THC) and higher CBD levels. In addition to its numerous health benefits, hemp has a wide range of applications, including the production of:

  • Fibers and textiles
  • Paper
  • Construction materials
  • CBD extracts

The Hemp Farming Act (House Bill 1325), signed into law in 2019, clearly states that hemp or any tetrahydrocannabinol (THC) and other substances in hemp are not considered a Schedule I controlled substance, making it legal.

This is not the case with marijuana, as Texas cannabis law does not permit the use of marijuana for recreational purposes.

You risk being charged with drug possession if you are found with any cannabis-derived product containing more than 0.3% THC in Texas. Breaking this law could result in several months in jail, a fine, or both, depending on the quantity of illegal substances involved.

Although Texas law does not specify any age limit, most dispensaries and online stores require consumers to be 21 years old (or 18 in some cases) to purchase hemp products. Also, patients under 18 who want a medical cannabis prescription may be required to be accompanied by a parent or legal guardian.

Can You Travel to Texas With Delta 9?

Crossing state borders with products containing cannabinoids can raise concerns, especially since individual states in the US have specific laws and regulations regarding the possession and use of cannabis.

The good news is that delta-9 THC products are legal in the Lone Star State as long as the THC concentrations are within the federally defined levels (less than or no more than 0.3% THC).

By the way, we recommend reading this guide first before traveling with CBD or other hemp-derived products within or outside the US.

Where to Find Delta-9 THC Products in Texas

Finding hemp-derived delta-9 THC products in the Lone Star State is not difficult. From gas stations to smoke shops, hemp products are readily available in Texas.

However, doing proper research to find trustworthy companies that produce and sell high-quality hemp products is important.

A convenient way to do this is to shop from reputable online stores like Erthwellness, where you can easily review results from independent third-party tests and read reviews from real customers.

At Erthwellness, we offer a wide range of hemp products; each produced to meet strict international standards and comply with federal laws.

While the psychotropic effect of THC varies between individuals, our THC products are lab tested to ensure consistency in potency, so you can be sure of getting the euphoric and relaxing effect associated with top-notch THC products.

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