Delta 8 THC in Texas

Photo Credit: Trek q

(This piece was written prior to the news that states are banning Delta 8 THC due to legality and confusion surrounding legality. For more info on this- please click here)

We’ve all heard about THC, however there are 2 types of the THC cannabinoid.  The first type is Delta 9, the second is Delta 8. There is a difference in these members of the same family. They both come from the Cannabis plant; however, the differences between these 2, are based on the way these two cannabinoids are bred, grown, and impact. The legalization of cannabis is still being debated in the federal government, however there are many states legalizing this herb and with Delta 8, legalization looks broader. Delta 8-THC is gaining popularity in the state of Texas, so the question should be, what is the state of Texas saying about the Delta 8 THC?

What is Delta 8 THC?

Delta 8 THC is a phytocannabinoid that is naturally produced by the cannabis cultivar Sativa. It does give you the same psychotropic effects as the Delta-9 but on a smaller scale.The discovery of Delta 8 was in 1941 by an organic chemist named Roger Adams, he was the first to publish an article about partial synthesis. 

The first synthesis wasn’t until 1965 by Raphael Mechoulam. He is an organic chemist, who fully synthesized Delta 8 THC from CBD through chemical isomerization. Delta 8 THC can be extracted from the Delta 9 and CBD, which comes from the hemp plant. Although CBD can be converted into Delta 8, it can’t be changed back to CBD. The potency that Delta 8  feels like half of what Delta 9 gives the consumers. By being double bonded, it works with the CB1-CB2 receptors that supplements the Endocannabinoid system

What is the Difference Between Delta 8 & Delta 9?

The differences between these 2 members of the same family are many, however the simplistic one according to ACS Labs, “it is due to where the bonds are in the location of the carbon atoms.”  The bond that Delta 9 has is located on the 9th chain, and Delta 8 is located on the 8th chain.  

Also, the potency of Delta 9 is higher than Delta 8, due to the psychotropic effects that it gives. Delta 9 acts with the CB1 receptors, and Delta 8 works with the CB1 and BC2 receptors.

Is Delta 8 THC Legal?

Photo Credit: Rolling Stone

In 2018 the federal government passed the Farm Bill, which legalized industrual hemp. According to the Buscher Law office, “The 2018 Farm Bill exempted Hemp, defined as Cannabis, including all derivatives, extracts, and cannabinoids, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3 percent from the Controlled Substances Act (CSA).”  When the 2018 Farm Bill came out, it also gave states the power either to legalize the hemp plant and all of the products or keep it illegal, but allowing transportation from state to state. 

What Texas is Saying About the Legality of Delta 8?

In the state of Texas, because of the Farm Bill, the door was opened for the legal sale of products with Delta 8 THC, because it comes from CBD that comes from the hemp plant. When asked if this product will get you “high,” the owner of Cloud Ponics Toyice Garrett said, “Absolutely, yes they do.”  

When the law was passed, the originality of the policy wasn’t to limit or restrict Delta 8. Rumor has it that when CBD products with Delta 8 made it onto the shelves in every smoke shop in the state, the products were sold at a rapid rate.  

Products such as edibles, flowers, gummies, vape pens, and cartridges, are being sold in many of the smoke shops in the state of Texas.  However, these products according to the laws, are not to be sold to people under the age of 21, When asked how would they prevent someone that is under 21 from buying the products, Toyice once again said, “we check IDs at the door due to the  age requirement to enter.  We’re here to educate, however we’re not going to break the law to do it.”  

Also, if you get pulled over and the police find any Delta 8 flower, you wouldn’t be arrested due to being legal, however, if you are caught driving while impaired from Delta 8, you will definitely get arrested.  To bring the point to the forefront, the Jefferson County Sheriff Public Information Officer Crystal Homes said, “just because you purchase something legally, doesn’t mean that it’s legal for you, to get behind the wheel of a vehicle, because you still can be impaired, you can still cause a wreck and you can still go to jail.”

Final Thoughts- How it all Comes Together?

The legalities when it comes to Delta 8 to Delta 9 THC are night and day. While Delta 8 is legal in the U.S, with some states restricting or flat out refusing to sell any hemp derived products, Delta 9 is only legal in the states that passed the laws regarding the sale and distribution of products made with Delta 9.  

According to the research of Delta 8, the attention of the medicinal purposes from the derivative of CBD, has been brought to the forefront, the positive uses of this double bonded cannabinoid.  

The therapeutic uses from Delta 8 were found to have benefits. Delta 8 may help with relief from anxiety, appetite stimulation, and it helps regulate the endocannabinoid system. The Farm Bill in 2018 made a way for us to enjoy Delts 8 (in some states), without worrying about breaking the law in Texas.  

Anyone who comes to the state of Texas can buy hemp derived products; however, remember this: if you get caught driving under the influence of THC, even if Delta 8, you will be prosecuted just as if you were inebriated with alcohol. 

Written by: Terry Byas

Edited by: Veronica Castillo

Sponsored by:

Herb of Life Cultivation, LLC

Korasana (with partner Zero Point Extractions)

Peacock/ Wunderkind CBD

The Botanical Joint

Portland Ashwagandha Farm 

HEF Finance

Just Bee Kynd 

Osiris Organics (Welcome New Sponsor!)

I Slang Sea Moss (Welcome New Sponsor!)

Thank you all for supporting the mission of this blog by taking care of the Writers! With your support, we are able to educate, inform, connect, and break stigmas. Cannabis builds community, and we are grateful to you all for being a part of ours! Please visit our sponsors! Collectively, they compensate the Writers for their contributions to this blog.