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News & Events 丨 2021.10.23

Delta-8 THC is Illegal in Texas, State Health Department Says

On 15th October, 2021, Texas Department of State Health Services (DSHS) added a statement to its website that Texas appears to be tightening restrictions on Delta 8. The statement reads: “Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% delta-9 tetrahydrocannabinol (THC). All other forms of THC, including delta-8 in any concentration and delta-9 exceeding 0.3%, are considered Schedule I controlled substances.” A list of Schedule I controlled substances can be found at the following link: Schedule I Controlled Substances.


In fact, the decision to add Delta 8 THC to Texas’ controlled substances list came back in January. DSHS rejected the U.S. Drug Enforcement Administration’s changes about the legalization of Delta 8 in favor of Texas’ existing (and broad) restrictions on THC – effectively shutting down Delta 8’s path to legality. But it happened quietly with no input from the public. How we got to this point is a bit in the weeds, but it’s crucial in understanding how the law works surrounding Delta 8, and whether you could be held liable if found in possession of the legally confusing green substance.


So, while the law in Texas says Delta 8 is considered a controlled substance, the question really turns to this: Will it be enforced? Actually complaints regarding controlled substances should be referred to law enforcement.  DSHS has no regulatory authority over controlled substances. The health department website includes a disclaimer that the organization has “no regulatory authority over controlled substances.” Enforcement is up to local and state law officials. But it is worthy to notice that Under delta-8′s status as a controlled substance, anyone in possession of the products could face a felony charge punishable by up to two years in prison and a $10,000 fine.


At the same time, there appears another question about how the policemen to identify Delta 8 in specific cases. According to the news reported by KBTX, the problem police and prosecutors are finding is determining just how much THC is in Delta 8 when they find it. There are also limitations on testing for it.


“A lot of the products that are out there you can’t tell what’s in them,” said Augsburger.


“It is a really confusing mess and everybody is scratching their head really, of which of these are legal and which of them are not legal,” said Peter Stout, Ph.D., President and CEO of Houston Forensic Science Center. “Delta 8 THC derived from hemp is kind of this gray area. It may be legal, but Delta 8 derived from marijuana would be still illegal. I can’t tell you the difference nor can anyone else,” said Stout. 


Based on the confused situation, it is wised that anyone in your listening area is not to possess THC in Texas. If you are stopped and searched by law enforcement and they find delta-8 on your person, you too risk being arrested and prosecuted with a felony. Possession of THC extract of any kind is an automatic felony in Texas.


Although the messy situation is confused and disquieting, Cilicon remains optimistic about the future of cannabis in Texas. We care about your safety and security, and we also unconditionally support the legal development of cannabis industry.