The Department of State Health Services in Texas updated its Consumable Hemp Program guidance on Friday. The update noted that Delta-8 THC is illegal in Texas.
The department clarified that the Delta-8 tetrahydrocannabinol (THC) products remain illegal under Schedule 1 controlled substances. There is no difference in the concentration because any concentration of such a substance is illegal.
Update In Line With HB 1325
KVUE reported that the update is in line with House Bill 1325. They passed the bill in 2019, and it established the Texas Health and Safety Code Chapter 443. Under such law, the commerce of consumable products across Texas is allowed as long as they do not exceed 0.3 percent of Delta-9 THC.
The update clarified that all other forms of THC that are not delta-9 are considered Schedule 1. Further, if Delta-9 exceeds 0.3 percent, it will also be considered Schedule 1.
The Difference Between Delta-8, Delta-9
The U.S. Food and Drug Administration (FDA) noted that Delta-8 is one of more than 100 cannabinoids produced naturally by the cannabis plant. However, it is a lesser amount that is why Delta-8 THC can be manufactured from hemp-derived cannabidiol (CBD).
Delta-9, on the other hand, is more abundantly produced in a cannabis plant, and also, it is more potent. Both the Delta-8 and Delta-9 THC are often found in edibles or smokable vape products.
KVUE quoted the FDA warning the public about Delta-8, saying, “It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets.”
Further, Delta-8 THC has psychoactive and intoxicating effects like delta-9 THC, but the FDA said they received reports of adverse effects regarding Delta-8. Some of the effects from consumers include hospital admissions, hallucinations, loss of consciousness, and trouble standing.
Punishment For Those Selling Delta-8 THC Products
Many business owners have Delta-8 THC products in their stores as this particular substance was not listed as one of those prohibited in Texas. Now that it is on the list under Schedule 1, the Department of Social and Health Services can take action against hemp licensees who sell such products.
The Dallas Morning News said the Department of Health Services made it clear they cannot regulate the market, but anyone in possession of Delta-8 THC products could face a felony charge punishable by up to two years behind bars and a $10,000 fine.
