Did They Just Make Delta-8 Illegal in Texas?

Did they just make Delta-8 illegal in Texas? If you know what Delta-8 is, then this video is one that you need to watch, because there has been a change in the law in Texas in the last week that you need to be made aware of. So stick around and I’ll talk about that here in just a second.

Happy Friday everybody, hope you’re having a great week. And like I said in the intro, this video is specifically about Delta-8. Now, if you don’t know what Delta-8 is, then this video probably doesn’t apply too much to you, but I’ll go ahead and explain anyway. Delta-8 is a form of hemp. It is a THC byproduct that up until last week, most people thought was legal in the state of Texas. That’s because there was a change in the law a while back that legalized hemp, which is a THC byproduct that contains below a certain legal threshold of the actual THC. It’s usually like a 0.3%. Okay. So Delta-8 was one of these ones that was believed to fall within that purview. So for the past year, two years, you’ve been able to purchase Delta-8 at various places in Texas, you’ve been able to purchase Delta-8 on online realtor’s websites, and get it sent to you. And that was perfectly fine.

However, last week the Texas Department of State Health Services updated their website and clarified that it is their position that Delta-8 is actually above that legal threshold and is therefore illegal in the state of Texas. This came as a shock to many, many people. A lot of the smoke shops and a lot of retail establishments are scrambling to figure out what to do with this because again, like I said, up until last week, when DSHS put this on their website, this notice on their website, most people assumed that Delta-8 was perfectly legal. Well, DSHS has said that it is not. So as a reminder, the way that the laws are written in Texas, there is no such thing as a misdemeanor offense for possession of a controlled substance for anything other than marijuana. And marijuana for the legal definition is only considered marijuana when it is in plant-based form.

So Delta-8, any of these derivative products or edibles or the waxes or anything like that, where it’s THC, it’s not actually leafy marijuana, is going to be considered a felony level offense in Texas. So this is a word of caution to everyone out there, because like I said, I know many, many people were buying, selling, using this Delta-8 and the Delta-8 variants because they thought it was legal. Well, DSHS has come out and said that it is not. So if you get caught with that Delta-8, it is going to be a felony level offense. Just like all my videos, this is not me saying that I agree with that one way or another. It’s simply passing along the information and trying to stay on top of developments as they happen. So hopefully that helps spread the word out. Share this video to those other folks that you think need to see it, that need to know that, that need to exercise some caution because of this change.

Obviously we will keep an eye on the DSHS website and see if they post any sort of clarification, rationale for this change, or if it changes and goes back at some point. So if anything like that happens, we’ll obviously update you as soon as we can. Meanwhile, if you have any questions, any specific issues that you want to discuss with me, or you think I need to cover in a subsequent video, as always feel free to shoot me an email, give me a call at the office and I’d be happy to talk about them with you at that point. Thanks again. Be well, be safe, have a great weekend. And I look forward to talking to you guys all next week.