Is Delta 8 THC Still Legal in Texas?

Is Delta 8 THC Still Legal in Texas?

by Mason Habib October 25, 2021

Last week the Texas Department of State Health Services changed its official stance on the legality of selling and possessing Delta 8 products, calling into question whether shops like Mary Jane’s CBD Dispensary can continue selling our line of Delta 8 CBD products. Our position has and will continue to be that Delta 8 THC products are 100% legal to sell and possess under Texas law. This was codified in the federal Farm Bill of 2018 and further changes to Texas law that legalized a number of different hemp products.

What Exactly is Delta 8? 

If you’re wondering what all the fuss is about Delta 8, you should know this one important fact: it doesn’t get you high.  It is a cousin to Delta-9 THC, which is the psychoactive ingredient most often associated with marijuana. While the two are chemically similar, Delta 9 is illegal (it gets you high) and Delta 8 is legal (it doesn’t get you high).  Our customers have long known that Delta 8 is great for treating insomnia, anxiety, depression, aches and pains, and even inflammation. Some of our most popular products that contain Delta 8 are our gummies, tinctures, flower, oils and creams.

Why the Change in Enforcement?

Obviously, we can only speculate on why the Texas Department of State Health Services suddenly changed its stance on Delta 8 last week.  The federal 2018 Farm Bill is pretty clear; it removed industrial hemp and its products from the federally controlled substances list.

Delta 8 is made from hemp.

The 2018 Farm Bill law further went on the define legal hemp as a cannabis plant containing less than .3% Delta-9 THC.

Our products do not contain Delta 9 THC.

An outright ban on Delta 8 by the Texas Department of State Health Services is a gross overreach of their power.

Further, in August 2020, the U.S. Drug Enforcement Agency clarified its stance by releasing its list of controlled substances to reflect the changes made by the Farm Bill. This set the stage for other types of THC to be legal under the new hemp law — including Delta 8 THC.

Under current state and federal law, Delta 8 is legal to sell and possess.

So that’s what MJCBD Dispensary will continue to do, unless otherwise directed by our counsel.

Delta 8 is Still For Sale

As our very own Alex Abdul stated in a recent KENS5 news broadcast:

'We've been through this before and we’ll keep selling Delta 8 until a judge makes a final ruling. Right now, Delta 8 is at least 50 percent of our sales. We rely on this," he said.

"It's almost as good as marijuana. Our customers are buying in bulk because of the DSHS announcement," he said. "We might run out of all our products in the next 10 days."


Where Can I Get the Best Delta 8 Gummies in Texas?

When it comes to purchasing the best Delta 8 edibles that are safe, long-lasting, and effective, you always want to make sure the products you are receiving come from a reputable source like Mary Jane’s CBD Dispensary. The main reason for picking products like ours is to ensure you only get the best quality Delta 8 products and never receive any ineffective and/or potentially harmful products.  With locations across several states to serve you, and our convenient online store, when you shop with Mary Jane’s you know you will only get the best Delta-8 Gummies on the market today. Plus, they’re quite delicious!



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