December 07, 2022

Are Delta 9 Gummies Legal in Texas

The straight answer is, yes, Delta-9 gummies are legal in Texas, but there is more to it!

 Cannabis laws have been changing at breakneck speeds as the clamor to legalize gains more support. For many people, unsure of the status of cannabis derivatives, the mention of Delta-9 usually invokes mixed reactions.

This pressure from the public has resulted in the federal government making certain concessions, which has seen a particular type of cannabis become legal. However, before you go and roll a joint, there are certain conditions you should be aware of.

When people talk of cannabis, the initial compound that comes to their minds is Delta-9-tetrahydrocannabinol, or simply THC. This psychoactive component of cannabis is the most abundant cannabinoid and also the most scrutinized.

Since it is psychoactive, it can induce mind-altering effects such as the famous ‘high.’ However, it also has potential health benefits such as pain relief, anxiety reduction, and sleep quality improvement, among others.

As such, it has created a difficult political situation regarding whether to make it legal. In the end, the federal government has come up with a legislative framework that legalizes Delta-9. 

But how has this affected its legality in states like Texas, which are conventionally anti-cannabis? By the end of this article, you should know the legal provisions that allow you to buy and use Delta-9 products in Texas.

Key takeaways

  • Delta-9 THC is a psychoactive compound in cannabis.
  • Due to its ability to induce mind-altering effects in large doses, it is highly monitored by regulatory authorities.
  • Its two primary sources are hemp and cannabis. Hemp-derived Delta-9 is federally legal thanks to the 2018 Farm Bill.
  • There is no difference between hemp-derived and cannabis-derived Delta-9 – both produce the same bodily effects.
  • Delta-9 is legal in Texas under regulations spelled out in House Bill 1325 and the 2018 Farm Bill.

Delta-9-THC and Federal Law

On December 20, 2018, President Trump signed into law the 2018 Farm Bill, also known as the Agriculture Improvement Act (2018). Broadly speaking, this law provides a framework for improving agricultural and nutritional programs in addition to safeguarding the country’s natural resources.

However, it is Title X of this bill that perhaps raises eyebrows. It permits hemp production and spells out the provisions that govern the movement of hemp and hemp-derived products between states. 

In order to do so, the bill started by redefining hemp as:

“the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The primary objective is to distinguish hemp from cannabis and, effectively, exempt it from the list of controlled substances. Historically, cannabis has been federally illegal thanks to the Marihuana Tax Act (1937) and the 1970 Controlled Substances Act.

However, with the passage of the 2018 Farm Bill, hemp has become federally legal. It also means that all hemp-derived compounds, including Delta-9 THC, are permissible.

Unlike hemp, cannabis remains an illegal substance in the United States, and its possession typically attracts harsh penalties and fines. This also means that Delta-9 derived from cannabis is prohibited at the federal level.

However, some states have decriminalized the possession of small amounts of cannabis for recreational purposes. Others have permitted medical cannabis use on meeting the legibility criteria.

In Texas, both medical and recreational cannabis is illegal.

Texas Delta-9 THC Laws

After the passage of the 2018 Farm Bill, Texas followed suit and passed House Bill 1325. Under this bill, signed into law in June 2019, hemp and all its derivatives, i.e., cannabinoids, isomers, and extracts, are legal.

Moreover, the bill defines hemp using the language of the 2018 Farm Bill and emphasizes that its Delta-9 concentration is not to exceed the 0.3% cut-off limit. 

But more importantly, Section 122.302 sub-chapter G of HB 1325 permits the “possession, transportation, sale, and purchase of legally produced non-consumable hemp products in the state.”

In the same vein, Section 443.202 of HB 1325 expressly prohibits “the sale, offer for sale, possession, distribution, or transportation of a cannabinoid oil if it contains any derivative of the plant Cannabis sativa L. besides hemp produced in compliance with Chapter 38 sub-chapter VII of the U.S. Code.”

Furthermore, Texas regulates the sale, distribution, and manufacture of consumable hemp products. In particular, it requires manufacturers and retailers to register with the state before producing and altering hemp products.

Fortunately for Texans, their state has additional regulations to ensure that hemp products sold in the region are safe. The Texas Department of State Health Services (DSHS) undertakes safety checks on these products to ascertain they comply with the regulations governing hemp production.

Is Delta-9 a Controlled Substance in Texas

Since Delta-9 is permissible in Texas if it is obtained from legal cannabis, i.e., hemp, it is not a controlled substance. This means you shouldn’t experience any legal (or otherwise) challenges in buying Delta-9 products in Texas.

However, with the influx of hemp products on the market, it is pretty easy to get contraband Delta-9. The cannabis industry is not regulated, so matters to do with quality and safety are largely left to manufacturers. 

Unfortunately, a recent report found that the cannabis industry is fraught with irregularities. It showed that some Delta-9 products might contain as much as 360% higher THC content. This is way above the limit prescribed in the Farm Bill as well as Texas’ HB 1325.

Possessing hemp products with such high Delta-9 concentrations can easily get you in trouble with the law, especially if you have a motor accident or are involved in any other offense.

You can avoid such mishaps by being keen about where you buy your hemp products. Avoid gas stations and convenience stores since they are prone to stocking products from unverifiable sources. 

Instead, purchase hemp products from reputable manufacturers like Dragon Hemp, who provide more information about their manufacturing practices. Such brands are also likely to have proprietary knowledge for developing high-quality, effective hemp products.

Another thing – ensure you always check manufacturers’ websites for their products’ certificate of analysis (CoA). These offer in-depth information—both qualitatively and quantitatively—on the products’ content.

This way, you can know that the Delta-9 product you are buying is genuine.

Delta-9-THC Possession Limits in Texas

Delta-9 derived from federally-compliant hemp is legal, so there are no limits on how much you can possess. 

Just keep in mind that you have to be 21 years or older to buy hemp products in Texas.

Of course, we need not mention that cannabis is illegal in the Lone Star state. As such, cannabis-based products are also forbidden.

Is Delta-9 THC Legal in Texas 

By and large, the legal status of Delta-9 depends on its source. There are two main sources of Delta-9 – hemp and cannabis.

As discussed earlier, federally-compliant hemp is legal, while cannabis is not. So, when purchasing Delta-9 in Texas, it is vital to know its source, as anything besides hemp is considered illegal. As a word of caution, being caught with illegally sourced Delta-9 can land you in jail.

Hemp cannabis typically contains lower concentrations of THC (0.3% or less), while cannabis tends to have higher THC concentrations.

That said, Delta-9 extracted from hemp and cannabis is technically the same compound. So, they produce similar effects on the body. However, higher doses of Delta-9 can be overly stimulating and even have adverse side effects. That’s why the 0.3% ceiling is in place.

However, in lower doses, such as the ones you can get from hemp products, Delta-9 produces mild to moderate effects. It can also help reduce pain, inflammation, insomnia, nausea, etc., without serious side effects. 

Technically, Delta-9 THC extracted from hemp is legal in all 50 states. So, whether in Georgia or Wisconsin, you can buy Delta-9 hemp products legally. However, be advised that some states, like Idaho and Kansas, don’t permit Delta-9.

So, it is prudent always to check the position of your local state laws on cannabis. Similarly, if you are planning to travel to another state with your hemp products, research its hemp laws beforehand.

Where to Buy Delta-9 Gummies in Texas 

If you live in Texas and are looking for Delta-9 products, try Dragon Hemp

We are a wellness brand that specializes in developing wide-ranging products with hemp CBD and medicinal herbs. Our formulas are conceived by professional herbal practitioners and sports medicine specialists who deeply understand alternative health solutions.

What’s more, our products are made with clean, organic, and ethically sourced ingredients to support performance, recovery, and rest.

One such is these delectable Delta-9 THC Chill Gummies. They are made with up to 5mg of Delta-9 and a super-concentrated blend of natural cannabinoids like CBC, CBD, CBDV, and CBG, not forgetting terpenes to help relax the mind and body and provide a relaxing buzz.

These gummies come in two flavors – mojito (for a chilled-out experience) and grapefruit (for a euphoric buzz). So, whether you are looking for a perfect way to end a hectic workday or start an evening, these edibles will definitely enhance the experience.


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