Cannabis Extract Delta-8 Is Now Illegal in Texas

Because it has low THC levels, delta-8 is a common ingredient in CBD products.

October 25, 2021

Marijuana Leaf

AUSTIN—Texas has placed a marijuana extract known as delta-8 on its list of illegal drugs—three years after the federal government removed the extract from the nation's list of controlled substances, according to the Texas Tribune. Delta-8 is now a Schedule I controlled substance in the state, meaning Texas believes it has no accepted medical use.

CBD businesses in Texas are now scrambling to make sense of the ruling, as delta-8 has lower than 0.3% tetrahydrocannabinol (THC), so it’s used in CBD products. Several CBD retailers said they were not notified by the state that delta-8 was now illegal, reports the Texas Tribune.

Delta-8 was thought to be made legal in Texas nearly two years ago after Gov. Greg Abbott signed House Bill 1325 legalizing any hemp product with less than 0.3% THC. The state’s announcement of delta-8’s illegality was a clarification from the government’s perspective.

“DSHS posted the clarification below on our website in response to recent requests from hemp growers who said that there was confusion in the industry about what was allowed in consumable hemp products,” said Lara Anton, a DSHS spokesperson, told the Texas Tribune.

Last May, the Texas Legislature attempted to make delta-8 illegal, but the issued failed.