Delta 8 Texas: Is It Legal?

Is Delta 8 legal in Texas? If you’ve been a bit confused on the subject, you’re not alone. Hemp was legalized in Texas in 2019. However, cannabis was not legalized. This law has led to confusion about which cannabis and cannabis/hemp-derived products are permitted in the state. Cannabis products are still very much illegal in the state of Texas. But hemp-derived products like Delta 8, CBD, and others are flooding Texas markets. In this blog, we’ll get into the details of Delta 8 Texas laws.

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Cannabis, Delta 8, CBD… What’s the Difference?

Before we get into the Delta 8 Texas laws, let’s take a little refresher on what exactly D8 is, as well as how it differs from other cannabinoids and cannabis products.

Cannabis vs. Hemp

The essence of the Delta 8 Texas laws regarding hemp revolves around THC percentages. Basically, cannabis and hemp are considered different plants. Cannabis is a plant that contains more than 0.3% THC. Hemp is a plant that contains less than 0.3% THC. Hemp is legal, while cannabis is not.

Hemp-Derived Cannabinoids

It is important to note that the legality of the plant is based upon the whole plant itself as it grows. Even if a product itself contains less than 0.3% THC, if it was derived from a plant that contained, as a whole, more than 0.3% THC, that product would be considered illegal in the state of Texas.

So, products that are legal in Texas must be derived from hemp. Every CBD, Delta 8, HHC, or other cannabinoid-containing product on the market in Texas is hemp-derived. Fortunately, hemp plants, with their lower THC concentrations, have elevated CBD levels. This is a plus for cannabinoid production of all kinds, as many cannabinoids are made from CBD isolate.

What Is Delta 8?

Cannabinoids like CBD are present at high enough levels in hemp plants to be extracted directly from the plant matter. However, Delta 8 is naturally occurring at much lower levels. Low enough, in fact, that it would be impossible to extract a quantity enough for production. So, scientists have figured out a way to turn CBD isolate into Delta 8. This is how the vast majority of Delta 8 products on the market are created.

This process is, well, not simple. Delta 8 is created through a process called “isomerization” — defined by Britannica as “the chemical process by which a compound is transformed into any of its isomeric forms, i.e., forms with the same chemical composition but with different structure or configuration and, hence, generally with different physical and chemical properties.”

Basically, scientists in a lab with very advanced equipment use isolated CBD that has been extracted from hemp. Through a series of complex chemical processes, Delta 8 is created from the CBD structures. You see, CBD and Delta 8 have all of the same components as each other, they’re just in a different order. Science has figured out how to reorder the CBD molecules to become Delta 8.

Delta 8 Texas
Delta 8 Molecule Structure

Is Delta 8 Legal in Texas?

Yes! Delta 8 is legal in Texas. However, it does need to be sourced properly to be considered legal. But you don’t need to fret about that as a customer. Here at The Kratom Capital, we’re selling fully legal, hemp-derived Delta 8 of the finest quality. Check out our selection of Delta 8 flower & gummies and grab some for yourself!


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