Understanding the New Hemp Laws
Texas recently passed laws legalizing hemp-derived delta-9 THC products. This has led to confusion around what forms of THC are legal and illegal in the state. This article examines delta-9’s legal status, federal vs. state law, and what Texans need to know when buying and consuming hemp products.
The Legalization of Hemp-Derived Delta-9 THC
Texas House Bill 1325 legalized consumable hemp products, including those containing delta-9 tetrahydrocannabinol (THC) derived from hemp. As long as these products meet federal legal requirements under the 2018 Farm Bill and contain no more than 0.3% THC content on a dry weight basis, they can now be manufactured, distributed and sold legally within Texas.
This means that Texans over the age of 21 can now purchase and consume a wide variety of hemp-derived delta-9 products, from edibles to vape products. Many delta-9 brands and retailers have already begun distribution of hemp derived delta-9 THC across the state.
The Legal Definition of Hemp
A key reason why hemp-derived delta-9 can now be legal is because of the federal legal definition of hemp, which was established in the 2018 Farm Bill (also known as the Agriculture Improvement Act).
This law created a legal distinction between cannabis plants and extracts. It defined hemp as any cannabis sativa plant or derivative with less than 0.3% THC content on a dry weight basis. This includes CBD, delta-8 THC, delta-9, and other extracts that meet that THC threshold.
Meanwhile, cannabis plants and derivatives over that 0.3% THC threshold remain classified by the DEA as "marijuana." All forms of marijuana continue to be Schedule I controlled substances under federal law, illegal to possess, consume, or distribute.
So in essence, the federal Hemp Farming Act created a carve-out to enable the legal cultivation, distribution and consumption of cannabis compounds like delta-9 THC at under 0.3% concentrations. Texas decided to adopt this definition and allow these now "hemp derived" products in alignment with federal law.
Conflict Between State and Federal Law
While hemp-derived delta-9 containing no more than 0.3% THC is now legal under Texas state law, it still conflicts with federal law. Under the federal Controlled Substances Act, all forms of THC remain a Schedule 1 controlled substance illegal to buy, possess or distribute.
So while Texas chooses not to enforce this federal prohibition on consumable hemp derived products, crossing state lines or attempting to fly with such products still risks violating federal law.
For now, purchasing and consuming hemp-derived delta-9 is legal within Texas under the state's new Consumable Hemp Program, but carries federal legal risks outside of Texas jurisdiction.
Where to Buy Delta-9 Products in Texas
For Texans looking to legally purchase high quality hemp-derived delta-9 products, Triangle Hemp Wellness offers a top-rated selection with fast, affordable shipping directly to your door.
Triangle Hemp Wellness gets delta-9 products from top manufacturers. They make edibles, vapes, tinctures, etc. with less than 0.3% THC to stay within the law. Lab reports are provided to verify the THC levels in every product.
The product selection at Triangle Hemp Wellness offers more delta-9 options for Texans than many other retail brands on the market today. All products are carefully made by manufacturers to be safe and provide maximum therapeutic benefits. They use high-quality cannabis strains with helpful terpenes and minor cannabinoids, along with delta-9 THC.
Whether customers are new to THC’s effects or seeking relief from insomnia, pain or anxiety, the delta-9 collection at Triangle Hemp Wellness provides high quality options for every need and budget.
As an established, Texas-based retailer, Triangle Hemp Wellness stands behind every delta-9 product it sells with exceptional customer service support.
For a legal, lab-tested selection of the best delta-9 THC products, reliably shipped across Texas, Triangle Hemp Wellness aims to be the trusted retail source for hemp extracts.
What Consumers Need to Know
For those looking to purchase and consume newly-legal hemp derived delta-9 products in Texas, here are some key points to understand:
- The hemp derived delta 9 thc must come from legal hemp plants, defined as cannabis sativa L plants with less than 0.3% THC content on a dry weight basis. These are the same plants used to create legal CBD products.
- The final delta-9 products must also contain no more than 0.3% THC by dry weight volume, as tested in DEA-registered labs. Reputable brands should have lab reports showing they meet legal THC limits.
- Consuming hemp-derived delta-9 THC may produce psychoactive effects, similar to consuming marijuana. Consumers should carefully research dosing and their own tolerance.
- While legal under Texas state law, possessing and consuming delta-9 products still violates federal law. Consumers should exercise appropriate caution and discretion when purchasing or traveling with such products.
As Texas builds out this new industry around previously-illegal compounds derived from hemp, laws and public understanding is still evolving.
But the passage of HB 1325 signals an intent to allow adults legal access to the medicinal and recreational applications of THC and cannabinoids derived from this increasingly valuable cannabis plant.