Are you 21 or older?
Vape Cannabis Health Law Consume Dictionary History News

Texas Weed Legality: Is Delta 8 THC, Delta 9 THC, THCA Legal?

John Carter

Written by: John Carter

Updated on April 15, 2024

TEXAS Weed Legality

Is Delta 9 Legal in Texas?

Yes, Delta-9 THC is legal in Texas if it is derived from hemp and does not exceed a 0.3% concentration by dry weight.

The cultivation and extraction of hemp, along with its derivatives, are permitted in over 40 states across the USA. In 2018, the United States Congress passed the 2018 Farm Bill, which legalized hemp cultivation and distribution in Texas. However, there’s a crucial stipulation: only hemp products containing less than 0.3% tetrahydrocannabinol (THC) by dry weight are permitted for sale. Therefore, it’s essential to ensure that any hemp products you sell in Texas contain less than 0.3% THC by dry weight, particularly Delta-9 THC.

Can You Purchase Delta-9 THC Products in Texas?

Absolutely, you can legally purchase Delta-9 products online in Texas! In fact, if you’ve ever bought full-spectrum CBD products in The Lone Star State, you’ve likely already acquired Delta-9 THC.

Although purchasing these products in physical stores may pose a challenge, many individuals opt to buy Delta-9 products online in Texas using credit or debit cards.

Is Delta 8 Legal In Texas?

Although the concentration of Delta-9 THC product by weight you selling can exceed 0.3%. It’s important to note that there are no such restrictions based on dry weight content when it comes to Delta-8 THC. This is because Delta-8 THC has negligible psychoactive effects.

Let us see the laws passed under Texas House Bill 1325:


“Hemp means the plant Cannabis sativa Linn. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight”


‘Notwithstanding any other law, a person may possess, transport, sell, and purchase legally produced non-consumable hemp products in this state.’

Check out the complete Texas house bill 1325 here! 

If you intend to sell these products in states outside of Texas, it’s crucial to consult the official government website to thoroughly grasp the laws applicable in those states.

For those interested in cultivating hemp plants for their products, there’s promising news. With the enactment of House Bill 1352, the Texas Department of Agriculture has sanctioned the cultivation of hemp plants. However, farmers must obtain a license for hemp farming.

Is THCA Legal in Texas?

Yes, THCA is legal in Texas. However, it’s essential to understand that possessing THCA or converting it to THC through smoking or vaporizing can have consequences.

If you’re caught smoking or vaporizing THCA, you’re no longer in possession of THCA; you’re now in possession of THC, which is illegal.

Another significant concern is testing. Unlike the challenges with THC-8 and THC-10 testing, the issue here is that the testing process itself can generate the substance that law enforcement seeks, forming the basis for prosecution.

To simplify, while THCA is legal, it transforms into illegal Delta 9 THC when heated. In Texas, gas chromatography is the most common method used by forensic labs for testing cannabinoids. Heating and vaporizing a sample are necessary steps in gas chromatography. Consequently, not only might you face arrest based on a preliminary reagent test, but you could also be prosecuted based on a lab report indicating the presence of an illegal THC concentration.

Although there are avenues for case dismissal, you may need to have the sample analyzed by an external lab employing HPLC to demonstrate that what you possessed was THCA, not THC.

What Is Delta 8, Delta 9, And THCA?

Delta 8 THC, Delta 9 THC, and Delta 10 THC are isomers, meaning they have the same molecular formula but differ in the arrangement of atoms and the position of their double bonds within the molecule.

What is Delta 9 THC?

Delta-9 THC, or Delta-9-tetrahydrocannabinol, is a naturally occurring compound found in cannabis plants. It’s renowned for its psychoactive properties, often associated with the sensation of being ‘high’. While Delta-9 THC is commonly linked with recreational marijuana use, it’s also under exploration for potential therapeutic benefits. Unlike THC, other cannabinoids such as CBD have been identified for their ability to mitigate some of THC’s potent effects.

Research indicates that Delta-9 THC may hold promise in alleviating symptoms associated with chronic pain, nausea, anxiety, stress, and sleep disorders.

Nevertheless, like any substance, Delta-9 THC can also present side effects, including dry mouth, cognitive impairment, and coordination difficulties. These effects typically coincide with the duration of its influence and eventually diminish.

Effects of Delta 9 THC

Delta-9 THC can induce a variety of effects, including:

  • Distorted perception of time and events
  • Euphoria
  • Impaired cognition and communication (at high doses)
  • Dry mouth
  • Increased appetite
  • Elevated heart rate
  • Bloodshot eyes
  • Slowed reaction times

What is Delta 8 THC?

Delta-8 THC, also known as Delta-8-tetrahydrocannabinol, is another cannabinoid found in cannabis plants, akin to Delta-9 THC. While it shares structural similarities with Delta-9 THC, with a double bond positioned on the eighth carbon in the chain rather than the ninth, it is recognized for inducing a gentler psychoactive effect. Similar to its counterpart, Delta-8 THC is under investigation for potential therapeutic applications, in addition to its recreational usage.

Effects of Delta 8 THC

Delta-8 THC can elicit various effects, including:

  • Mild euphoria and relaxation
  • Enhanced focus and creativity
  • Alleviation of nausea and vomiting
  • Appetite stimulation
  • Potential reduction in anxiety and pain

Similar to Delta-9 THC, Delta-8 THC may also cause dry mouth, red eyes, and impaired motor coordination. However, these effects are typically less pronounced compared to Delta-9 THC.

What is THCA?

THCA, or tetrahydrocannabinolic acid, is a precursor to THC found in raw cannabis plants. Unlike THC, THCA is non-intoxicating and does not produce psychoactive effects. Through a process called decarboxylation, THCA can be converted into THC when exposed to heat or light. THCA is believed to possess potential therapeutic properties, although research in this area is still in its early stages.

Below is a comparison table highlighting the key differences between Delta-8 THC, Delta-9 THC, and THCA, including their chemical structure, psychoactive effects, legal status in Texas, and therapeutic potential.

Characteristic Delta-8 THC Delta-9 THC THCA
Chemical Structure Double bond on the eighth carbon in the chain Double bond on the ninth carbon in the chain Precursor to THC, non-intoxicating
Psychoactive Effect Produces a milder psychoactive effect Produces the primary psychoactive effect Non-intoxicating, does not produce psychoactive effects
Source Found in cannabis plants, primarily in mature flowers and leaves Found in cannabis plants, mainly in the flowering tops Found in raw cannabis plants, primarily in the trichomes
Legal Status (Texas, USA) Legal under state law, but subject to regulations Classified as a Schedule I controlled substance Generally legal due to non-intoxicating nature
Therapeutic Potential Under investigation for potential therapeutic uses Investigated for therapeutic potential Potential therapeutic properties being explored
Conversion Can be synthesized from CBD or derived directly from THC Produced from THCA via decarboxylation Precursor to THC, converted to THC through decarboxylation
Side Effects May include dry mouth, red eyes, and impaired coordination May include dry mouth, memory problems, and coordination issues Non-intoxicating, thus fewer side effects associated
Legal High May provide a legal alternative to Delta-9 THC in some regions Subject to legal regulations in many jurisdictions Does not produce a high, non-intoxicating

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
All-in-one Disposable
Further Reading
Map of Recreational Weed Legality by States


Map of Recreational Weed Legality by States – Updated May 2024

Read Now
Florida Weed Legality


Florida Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Georgia Weed Legality


Georgia Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Tennessee Weed Legality


Tennessee Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Indiana Weed Legality


Indiana Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Wisconsin Weed Legality


Wisconsin Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Ohio Weed Legality


Ohio Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now
Kansas Weed Legality


Kansas Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

Read Now