Early this week a temporary injunction was put in place until a full trial can be held to determine the legal status of delta-8 THC. In January the Texas Department of State Health ruled the substance would remain illegal, though many retailers and consumers believed it to be legal following the 2018 Farm Bill.
On Monday, an Austin judge temporarily removed delta-8 THC from Texas’ list of controlled substances. The order touched on recent modifications to the definitions of “marihuana extract” and “tetrahydrocannabinols,” which previously contributed to the threat of delta-8’s legal status in the state.
Some Texas state attorneys argue that the substance has always been illegal, regardless of the 2018 Farm Bill and new Texas state law from 2019 legalizing hemp. Manufacturers, retailers, and consumers argue they are in the clear, with one Austin-based CBD and hemp company sued State Health Services in October. Attorneys for the Texas CBD company allege they were only made aware of changes in legality following the Consumable Hemp Programs website being updated on October 15, reflecting the January decision.
Delta-8 THC occurs in all cannabis and hemp plants in very small concentrations, with most of delta-8 THC products available being produced from hemp plants. Delta-8 THC is a relative of delta-9 THC (traditional THC), with a similar molecular structure, but with a few notable differences. From a chemical standpoint, delta-8 THC and delta-9 THC differ due to the location of a double bind in their molecular chain. Delta-8 THC contains the bond on the 8thcarbon chain while delta-9 THC has it on the 9thcarbon chain.
Delta-8 THC is considered an isomer of delta-9, the main ingredient in marijuana associated with psychoactive properties. Delta-9 THC is still illegal in Texas in concentrations higher than 0.3%, creating a gray area for delta-8 products that may contain delta-9 too. Under the House Bill 1325, passed in 2019, any consumable hemp products that have 0.3% or less traditional THC, are considered legal.
In order to stay on the right side of legality, it is important to turn to third party lab test results to ensure your delta-8 product does not cross the delta-9 THC threshold. Independent lab tests can guarantee quality, purity and potency. Until a full trial can be help in Texas to further determine the legal status of delta-8, it is best to rely on transparent sources. Here at Real Tested CBD, we take the guesswork out of your cannabinoid purchase.
*This article was last updated on 11/10/2021**