Why is Delta-9 legal in Texas? Delta-9 (Δ9-THC) is considered an “alternative cannabinoid.” The percentage of tetrahydrocannabinol (THC) that is in the products themselves is less than 0.3%. Making Delta-9 (Δ9-THC) products legal to sell according to the 2018 Farm Bill.
Key takeaways
- The percentage of tetrahydrocannabinol (THC) that is in Delta-9 (Δ9-THC) themselves is less than 0.3%.
- Because the percentage of tetrahydrocannabinol (THC) that’s in them is less than 0.3%, they are legal to sell according to the 2018 Farm Bill.
- Texas passed the Texas House Bill 1325, which also allows for the sale of cannabinoid products to those who are of a certain age limit.
Why is Delta-9 (Δ9-THC) legal in Texas?
Delta-9 (Δ9-THC) is a derivative of a hemp-oil based product. The product is created by producing a distillate from the hemp-based oil. According to a patent filed by Axim Biotechnologies, Inc., “Delta Δ9-THC “acid” is extracted from cannabis flowers using an organic solvent (usually ethanol or another solvent similar in nature)t, then separated using a second aqueous solvent. Delta Δ 9-THC acid is converted to Δ 9-THC carboxylic salt before being extracted by a third organic solvent and converted back to Δ 9-THC carboxylic acid.”
Delta-9 is legal in Texas because it follows the Texas House Bill 1325. Specifically, these parts of the bill:
House Bill 1325 (AS PASSED HOUSE AND SENATE)
Sec. 121.001 Definitions
In this chapter, “hemp” means the plant Cannabis sativa L. 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 basis.
Sec. 122.051 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
(1) prescribe sampling, inspection, and testing procedures, including standards and procedures for the calibration of laboratory equipment, to ensure that the delta-9 tetrahydrocannabinol concentration of hemp plants cultivated in this state is not more than 0.3 percent on a dry weight basis;
Sec. 122.302 SUBCHAPTER G. NONCONSUMABLE HEMP PRODUCTS
Notwithstanding any other law, a person may possess, transport, sell, and purchase legally produced nonconsumable hemp products in this state.
sec. 443.202. REGULATION OF CERTAIN CANNABINOID OILS.
Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state: if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII.
Click here if you want to read the full bill.
If Delta-9 (Δ9-THC) can get you “high,” why can it be sold in Texas?
Many states are starting to regulate the substance on a state level. Determining whether it is a Schedule I to Schedule III controlled substance. For many states, they are beginning to put age restrictions into place. Making it so that minors under the age of 18 can’t purchase.
In fact, the state of Texas has followed these regulations, as well. In the state of Texas, you have to be the age of 21 in order to purchase Delta-8, Delta-9, and Delta-10 products.
It’s important to note that Delta Δ9-THC does not have as strong of psychoactive properties as both recreational and medicinal Cannabis Sativa and Cannabis Indica. While Delta Δ9-THC does give a “euphoric” feeling. Its altered state comes from creating small blockers in the CB1/CB2 receptors of the brain (the endocannabinoid system).
To learn about the full potency of Delta Δ9-THC, read our guide here.