Can Someone Explain What the Deal is with Delta 8 THC in Texas? - Delta 8 Hemp

Can Someone Explain What the Deal is with Delta 8 THC in Texas?

Many people in the Lone Star state may be wondering what the deal is with Delta 8 THC in Texas. Even those living far outside the state’s borders may follow the news and feel confused about conflicting information. Delta 8 THC appeared legal, thanks to gray areas in federal law. It seemed Texas regulators wanted to make Delta 8 THC illegal but didn’t move forward. And then they did, but a judge set aside the Texas Department of State Health Services’ decision. As of November 2021, Delta 8 THC is legal, but all that could change, or maybe it won’t.

What is Delta 8 THC?

Delta 8 THC is a “relative,” of sorts, to Delta 9 THC, the active ingredient in cannabis that makes people feel high when they smoke or eat it. Delta 8 THC purportedly has a milder effect, although individual experiences may vary. 

Delta 8 THC exists in trace amounts in hemp. In 2018, Congress passed a Farm Bill that legalized “hemp-extracted” products that contained less than 0.03% Delta 9 THC. Other rules apply, and many who follow the rules decided to make Delta 8 THC carts, edibles, and more available to the consumer public. Controversy followed.

Unlike Delta 9 THC, Delta 8 THC is not classified as a controlled substance on the federal level. State laws vary, and Delta 8 THC has been banned several. Texas appears to want to ban Delta 8 THC, but a recent legal decision altered plans.

A Court Decision in Texas

On October 15, 2021, the Texas Department of State Health Services put forth an online notice that Delta 8 THC would become an illegal Schedule I drug in Texas. CBD businesses in Texas felt outraged over the decision since they would lose the ability to sell a popular product that is legal in other states. 

A CBD company called Hometown Hero filed a lawsuit, and a Travis County judge issued an injunction. Per the court’s ruling, the TDSHS did not follow the “states rule-making process” appropriately. So, the rules that made Delta 8 THC illegal are on hold for the time being. The state intends to appeal the ruling, and the state could win. Other litigation initiated by a different CBD company may further upend anything the state does, or the state could win in the end. Time will tell whether consumers may still purchase Delta 8 Vapables in Texas.

The DEA Makes a Statement

The Drug Enforcement Agency issued a statement that made fans of Delta 8 Vapables and edibles thrilled. The DEA noted that Delta 8 reflects a hemp-derived product that is not subject to the Controlled Substances Act. Some believed the DEA’s statement put the matter to an end, but that’s not the case. The Food and Drug Administration also has jurisdiction over scheduling drugs under the Controlled Substances Act, and Congress may pass laws making Delta 8 illegal. And, as everyone can see in Texas, states could ban products like Delta 8 THC carts through legislative or regulatory action.


Knowing what the deal is with Delta 8 THC in Texas involves staying on top of news reports. A quick decision by a judge could stand, or it may change. Although Texas was once somewhat ambivalent towards Delta 8 THC products, the regulatory action by the TDSHS shows the state intends to ban Delta 8 THC. Court actions reveal the CBD sellers in the state wish to challenge the rules. How things work out, in the end, is anyone’s guess right now. If you’re looking at why the FDA would intend to regulate Delta 8 THC or our Delta 8 Gummies, you can find your next Delta 8 Hemp product today.