Delta-8 Texas: All You Need to Know in 2024

Shefali Sinha
Delta-8 Texas-theislandnow

Delta-8 THC, a synthetic cannabinoid existing since 1965, is present in marijuana strains containing over 15% delta-8 THC. 

Being a prevalent cannabis cannabinoid, the sale of Delta-8 products has witnessed a notable surge. 

In a study by the American Public Health Association utilizing Google Trends, the search volume for Delta-8 THC indicated a significant interest, with over 35% of related queries

Given this heightened interest, the legality of delta-8 THC in Texas has become a popular and complex topic of discussion as individuals aim to ensure compliance with the law. 

To provide clarity, we will address this question.

Is Delta-8 THC Legal in Texas?

There’s no definite answer to whether Delta-8 is legal in Texas, and we’ll explain why.

Even though Delta-8 THC products like gummies can be sold legally in Texas, it’s not entirely clear what the laws are around Delta-8 THC use.

The Delta-8 THC, or dronabinol, comes in capsules and is approved by the FDA for treating specific chronic pain symptoms. It can also treat nausea and vomiting in cancer patients undergoing chemotherapy.

Unfortunately, you can’t buy it online or in person. It’s also not available at most dispensaries. That’s because it’s a Schedule 1 substance under federal law, meaning that it has no approved medical use and a high potential for abuse.

The state of Texas has recently made it legal to possess CBD for medicinal purposes. This action means THC-infused CBD products are now legal in the Lone Star State!

However, if you’re looking for an excuse to get high, you might be out of luck. The state’s medical marijuana laws prohibit the sale or distribution of any form of marijuana without a prescription from a licensed physician.

This means THC-infused CBD products are still illegal under Texas law but not illegal in other states!

So what does this mean for you? It means that if you’re looking for a way to get high on cannabis without breaking the law, look no further than the best selection of THC-infused products with high levels of CBD you can find in Texas. 

In May 2021, a Federal Court in California ruled in support of Delta-8 THC products stating that they fall under the legal definition of hemp as far as their THC concentration falls below 0.3%.

The ruling means businesses can now sell CBD oil containing less than 0.3% THC without fear of prosecution or fines, which is great news for consumers and businesses across Texas! 

Many brands in the state are excited to be able to continue serving their customers with these high-quality CBD oils.

Currently, a doctor’s prescription is the best way to get Delta 8 THC in Texas. If you’re interested in getting a prescription for Delta 8 THC, talk to your doctor about how to get the medication and any other questions about using it safely.

How Do Texas Marijuana Laws Compare to Those of Other States?

Marijuana laws in other states are often much more lax than those in Texas. In Oregon, for example, it’s entirely legal to possess up to an ounce of marijuana and grow six plants per person at home. 

In Washington, D.C., there are no restrictions on medical use or possession by adults over age 21 (but there may be limits on sales). 

And in California, which legalized recreational marijuana use a few years ago, people over age 21 can possess up to 28 grams of cannabis flower or eight grams of concentrate without penalty—and you can grow up to six plants at home!

If you’re looking to buy CBD products in Texas, you’ll find that the state is one of 10 states that allows access to them with low THC.

As of 2019, 17 states, excluding Texas, allow access to CBD with high THC for medicinal purposes only, as reported by the National Conference of State Legislatures. This decision implemented that patients and caregivers with a prescription for CBD oil with high levels of THC can legally buy it in these states.

In states across the country, marijuana has been decriminalized for both recreational and medical use. In 27 states and Washington D.C., possessing small amounts of CBD has been decriminalized, and offenders only face penalties and fines.

Texas is one of the most conservative states in the nation regarding marijuana. Texas has some of the strictest laws on the books, and many people who live in Texas may not realize that they can be charged with a crime if they’re found with even a small amount of marijuana.

For example, if you live in Texas and have an ounce or less of marijuana at home, you could be charged with possessing drug paraphernalia. 

If caught with possession of up to 2 ounces, it would get considered a Class B misdemeanor, and you could face up to 180 days in jail and a fine of up to $2,000 per pound. 

The possession of marijuana ranging from 2 to 4 ounces constitutes a Class A misdemeanor and will result in a fine of up to $4,000 or even up to a year in county jail. 

If you get caught with more than 4 ounces but less than 10 pounds, you’ll face up to one year in jail and a fine of up to $4,000 per pound, as this would result in a felony charge. 

Unfortunately, per reports by NBC News, it has been banned in 14 states and D.C. as of July 2022. The ban is in place for all Delta 8-THC products and related products, including edibles and concentrates.

Differentiating Between Hemp and Marijuana

Hemp and marijuana are plants, but they’re not the same.

Marijuana is a psychoactive drug from the flowering buds of the cannabis plant. The active ingredient in marijuana is THC (tetrahydrocannabinol), which gives you the high. 

Hemp does not contain THC and does not have any psychoactive effects, so it cannot get you high. Hemp is used to make things like rope and clothing.

The difference between hemp and marijuana comes down to how much THC they contain. The average amount of THC in an ounce of marijuana ranges from 10% to 15%, while the average amount in an ounce of industrial hemp is less than 0% (that means it doesn’t get you high). 

Rather it’s legal to grow or sell industrial hemp anywhere in the United States today because it’s too low THC compared to other strains of cannabis plants.

Hemp can make paper, textiles, biofuels, and even food products like Marlboro cigarettes. Hemp cultivation has been legal in the United States for many years.

Hemp is high in cannabidiol (CBD), which has been shown to help treat various diseases and conditions, including seizures, anxiety, and depression. However, CBD has not been evaluated by the FDA, so we cannot say how much CBD you can take or if it will interact with other medications you may be taking.

It should be noted that despite what many people think, there’s no significant difference between hemp and marijuana—they’re just different strains of the same plant!

Hemp and marijuana are two different species of the same genus: Cannabis Sativa L.

What’s the Difference Between Delta-8 THC and Delta-9 THC?

Delta-8 and Delta-9 have a huge difference  and are not the same thing, but they are closely related. They have different chemical structures and different effects on the body.

Delta-8 THC has an eight-carbon atom in its chemical structure, while Delta-9 THC has a ninth-carbon atom in its chemical structure. However, the effects of both compounds are very similar.


Delta-8 and delta-9 tetrahydrocannabinol (THC) are both compounds found in cannabis. They are both psychoactive, but they have different effects on the body. 

Delta-8 refers to the amount of delta-8 tetrahydrocannabinol (THC) in a cannabis plant, while delta-9 refers to the amount of cannabidiol (CBD) in a cannabis plant.

Delta-8 is much more common than delta-9. Most strains have at least some delta-9, but only certain strains have an equal amount of delta-8 and delta-9. 

For example, some strains may be 80 percent delta-9 and 20 percent delta-8, while others may be 100 percent delta-9 or zero percent.

Delta-8 is a more potent strain of cannabis that contains less than 1% delta-9 THC. It’s usually used for medicinal purposes, but it can also be used recreationally if you have a high tolerance for cannabis.

Delta-9 is more commonly used in recreational marijuana because it has more of a psychoactive effect on users than delta-8. It can contain up to 15% delta-9 THC, depending on the plant type and how it was grown indoors or outdoors.

Delta-8 THC is not psychoactive because it doesn’t bind to brain receptors as delta-9 does. It’s not clear why delta-8 has this lower affinity for brain receptors, but it may be related to the fact that delta-8 is less abundant in cannabis plants or that it’s metabolized differently than delta-9.

The bottom line: Delta-9 may be more potent, but delta-8 is a more healthy part of your cannabis routine

What Are the Legal Penalties for Marijuana Possession in Texas?

You’ll probably have trouble if you get caught with weed in Texas. According to a statement by the Texas Department of State Health Services, products that contain Delta-8 THC are required to adhere to state regulations, which include specific labeling guidelines and limitations on certain additives.

The state of Texas has a relatively strict set of laws regarding marijuana possession, and they can vary depending on what’s being charged.

Possessing up to 2 ounces of marijuana is a Class B misdemeanor, which can be punishable by up to 180 days in jail and a $2,000 fine. 

As you might guess, this penalty is much less harsh than the penalty for possessing a controlled substance—a felony. 

The penalty for possessing a controlled substance is up to 2 years in prison, with no possibility of parole.

If you’ve got a pot plant in your backyard, you might want to think twice before lighting it up. In Texas, it’s illegal to possess more than 2 ounces of marijuana or any amount of concentrated cannabis. 

The penalty for possessing 2 ounces to 4 ounces of marijuana is a Class A misdemeanor (the most serious type of criminal offense) that can result in a fine of up to $4,000 and up to a year in county jail.

Possession of over 4 ounces would result in a felony charge. If it’s found that someone had intent when they possessed marijuana—such as if they were selling it or giving it away—then they can face up to 10 years in prison and a fine of up to $10,000 (or more).

The bottom line is if you’re caught with marijuana, you’ll be fined and jailed.

But if you’re found with drug paraphernalia—like pipes or bongs, but not marijuana itself—it’s a Class C misdemeanor, which is punishable by a fine up to $500 and no jail time.

That doesn’t mean you shouldn’t stay on your best behavior regarding marijuana possession. It just means that if you get caught with equipment that suggests the use of marijuana, you can expect some serious consequences.

Where Can You Buy Delta-8 THC Products in Texas?

When searching for Delta-8 THC products in Texas, you should know there are several places to find them. 


If any of the following locations are accessible to you, you should go and get it from there:

If you’re looking for Delta-8 THC products in Texas, then it’s time to consider an online store. These stores are a great way to save money and stay on top of orders since you can track them from your phone.

The best part about shopping online is that it’s much easier than going into a brick-and-mortar location. You don’t have to worry about finding parking or waiting in line at the register—you can just pick up everything you need and head home!

One of our favorite places to shop for Delta-8 THC products is at online CBD stores. They usually have a fantastic selection of topicals, edibles, and concentrates to help you get the most out of your cannabis experience.

Delta-8 is a product that can be bought in the state of Texas. It is legal to buy and own this product in your home state. 

However, you may need help finding it in stores near your home. In order to purchase this product in Texas, you will need to visit a local dispensary.

You can find these dispensaries by searching online or through word of mouth. 

The word “Delta-8” will likely not be part of the name of any of these shops because they are not selling cannabis products directly from their website or online storefront. 

Instead, they are selling them from other companies who have partnered with them by supplying them with Delta-8 products at wholesale prices.

CBD companies based in Texas can be found all around the state. In fact, there are over two dozen of these companies in Austin alone. If you want to buy Delta-8 THC products in Texas, your best bet is to check out one of these CBD companies.

The main benefit of purchasing products from a CBD company based in Texas is that they can offer you a wide range of options for your purchase. They will have products from multiple manufacturers, so you can choose from many different strains and varieties. 

It means that if you have never tried Delta-8 THC products before or want to try something new from one of their suppliers, this is an excellent way for you to do so!

You should also consider this option if you live outside of Austin or Dallas/Fort Worth areas and still need help shopping for Delta-8 THC products online. 

Not only does it make sense financially—you’ll save on shipping costs—but it also means that all the information regarding your order will be sent directly through email rather than dealing with phone calls or emails yourself.

You can buy delta-8 THC products in a few places in Texas.

The first place is your local smoke shop, of course! You’ll find plenty of these stores in major cities across Texas and can usually get a good selection of delta-8 THC products. They’re also known for their wide range of strains and other cannabis products for sale.

If you don’t have a smoke shop nearby, though, you still have some options. Some CBD retail locations offer delta-8 THC products as well as other kinds of marijuana, including sativa strains and Indica strains. 

These locations tend to charge higher prices than traditional smoke shops, but they may also offer more variety in their product selection.

Which Online Vendors Ship Delta-8 THC to Texas?

Ever since the first state passed cannabis laws, Texas has been a hub for the industry. With its strong economy, high demand for medical marijuana, and a growing number of dispensaries, Texas is prime real estate for the cannabis industry. 

But being in the heart of the Lone Star State means it’s also home to some of the strictest laws in the country.

That means that if you want to buy marijuana legally in Texas, you need a way to get it there. Luckily, several companies specialize in shipping CBD oil across state lines and into Texas. 

The following companies can help make sure that your product gets from point A to point B without any issues along the way:

Exhale Wellness is an online dispensary that sells Delta-8 THC in Texas.

They have an extensive selection of products, including all kinds of CBD oils, vape cartridges, and edibles. They also offer various strains, including some rare ones at Exhale Wellness.

The company was founded in 2016 by two brothers who wanted to improve their quality of life after developing cancer. They knew there had to be a better way than the current system for patients with cancer, so they created their brand.

They make sure every product gets tested before it gets sold, which means you can expect high-quality cannabis from Exhale Wellness.

Cheef Botanicals is a cannabis company that offers high-quality products, including cannabis oil. They have an extensive range of products, such as their famous CBD oil, but they also sell other types of cannabis oil.

Cheef Botanicals has been in business since 2018 and is based in California. They offer free shipping on orders over $100 within the United States, which makes them one of the most popular online vendors for Delta-8 THC to Texas.

The company was founded by a former pharmaceutical executive with a background in research and development before he decided to get into the cannabis industry full-time. 

He started Cheef Botanicals after he realized that there was still plenty of room for improvement when it came to quality control in the industry at large.

Cheef Botanicals takes pride in its customer service and commitment to providing quality products for consumers nationwide.

BudPop is an online dispensary that offers a wide variety of cannabis products. It’s best known for its selection of Delta-8 THC.

Delta-8 THC is an Indica-dominant strain famous for its high THC concentration and low CBD levels. Many medical patients have used this strain as a chronic pain treatment, but it also makes a great recreational smoke because it’s easy to use and has no side effects.

The buds are very potent, so they’re ideal for people who want to get high without worrying about their body feeling too out of control or experiencing nasty side effects like headaches or nausea. 

It’s also an excellent choice for people who want to medicate without getting too high or getting into trouble with law enforcement.

If you live in Texas and are looking for some Delta-8 THC online, BudPop is one of the best options!

Hollyweed CBD is one of the top brands of CBD oils and other products. The company was founded in 2017 by two brothers who wanted to bring the benefits of cannabis oil into the mainstream. They have grown to over 100 employees and are now one of the largest CBD suppliers in the world!

Hollyweed CBD has developed a line of products made from organic hemp plants grown on family farms in Colorado. Their products are tested for purity and potency using the ISO/IEC 17025:2005 standard, so you know exactly what you get when ordering them online.

Hollyweed CBD offers a wide range of products—from capsules to tinctures, creams, and salves—all designed with specific uses in mind. 

If you’re looking for something specific but don’t know where else to start, check out their website or visit one of their stores near you!

Which Delta-8 THC Products Can Be Shipped to Texas?

Delta-8 THC products are legal in Texas, and you can ship them to the state with no problem. However, there are some rules that you should follow so your shipment doesn’t get you in trouble with the authorities.

If you want to ship Delta-8 THC products to Texas, only the following products can be shipped to Texas:

Gummies are an excellent way to consume THC-infused products. They’re easy to take and make it possible to ingest your product directly without any mess or fuss. 

Because of this, gummies are an excellent choice for people who don’t like smoking or vaping or are trying to avoid the stigma that comes with traditional methods of cannabis consumption.

Delta-8 products can get shipped to Texas, but only as long as they don’t contain any THC. If they contain THC, you must get it out of the product before shipping it to Texas. You can add an emulsifier called “Cremaphor” or “Polysorbate 80” to the oil. 

Delta-8 cannabis oil can be shipped to Texas. The products must have a THC concentration of less than 0.3%, meaning they are not subject to the same laws as other forms of marijuana and may be shipped to Texas as long as it is for personal use only. 

This will help keep the oil from trying to mix with water and causing your shipment to spill everywhere. After doing this, you can ship the Delta-8 product to Texas in any container that is FDA-approved for shipping.

It is important to note that Delta-8 THC oils are derived from industrial hemp, which the FDA has approved for use in food products.

Delta-8 THC Capsules are an excellent choice for anyone who wants to avoid the high-inducing effects of THC. 

These capsules contain 20mg of THC in each capsule, which is less than other forms of cannabis. They are also more effective than other forms of cannabis, so you’ll get more bang for your buck!

Delta-8 THC Capsules can be shipped to Texas with no problem at all.

Delta-8 THC Capsules are a top-selling product on most CBD sites. They’re made from high-quality ingredients that help you feel relaxed and happy while also helping you stay focused and alert.

Delta-8 THC Flower is a product that is made of 100% natural ingredients. It can help users achieve a state of euphoria by giving them an intense feeling of relaxation and happiness. 

It also helps them experience heightened sensory perception, making it an excellent choice for people looking for something that can help them relax and unwind after a hard day’s work.

Delta-THC Flower can be shipped to Texas but will not be as effective if you do not use it correctly. If you use Delta-THC Flower regularly, you should start by taking one or two doses per week until your body gets used to its effects so that it does not cause any problems or side effects. 

Once your body has gotten used to taking Delta-THC Flower, you should increase the dosage until you reach the maximum recommended dosage on their website.

Delta-THC Flower can be shipped anywhere in the United States, including Texas, but only if adequately packaged so that no damage is caused during transit.

Delta-8 THC Edibles are a great way to get your daily dose of THC on the go. Available in various flavors and strengths, you can choose from the original Delta-8 line of THC edibles or its newest line, Delta-9.

Delta-8 THC Edibles are made with pure cannabis oil combined with vegetable glycerin, melted butter, and coconut oil to create a delicious treat that will satisfy any craving. 

Each piece of candy is infused with 10mg of THC per piece, making Delta-8 one of the most potent edibles currently on the market.

Delta-8 products are available in many forms: chocolate bars, gummies, and nuggets. You can find them at most dispensaries in Texas or online.

Delta-8 THC Disposable Vapes are perfect for those looking to get high without worrying about burning their fingers on a lighter or getting the heat from their exhale too hot. These vapes are made with various flavors, making them great for people who like to try out different combinations.

Delta-8 THC Disposable Vapes can be shipped to Texas as long as they meet certain requirements set by the state. The product must not contain other ingredients than pure Delta-8 THC, meaning it cannot contain anything else. 

That includes flavoring agents and any other additives that might make the product taste better or worse than it should. The packaging must also be tamper-proof for it to be shipped safely through the postal system.

If you’re looking for ways to get high without dealing with either of those things, then Delta-8 THC Disposable Vapes may be just what you need!

Which Delta-8 Products Are Not Legal in Texas?

If you want a prescription for Delta-8 products, what makes them illegal in Texas? The answer is simple: they’re not. There are several reasons why this could be the case, but the most common reason is that the drug has been deemed unsafe for use by Texans.

There are many different kinds of Delta-8 products on the market, so it can be hard to determine which one is safe for consumption by Texans. 

Some of these drugs contain amphetamines, which have been known to cause addiction and other side effects when taken at high doses; others may contain other substances that could pose an issue for users.

It’s important to note that this does not mean that all Delta-8 products are banned from sale in Texas; some people may still be able to purchase their prescriptions without any trouble! 

It simply means that there are certain restrictions on how much of these medicines can be shipped into Texas and how long they can stay there before they need to be destroyed or disposed of properly (by putting them through a chemical process called hydrolysis).

In Texas, you can’t sell or use many Delta-8 products. The following are not legal in Texas:

  • CBD oil
  • Hemp oil
  • Marijuana
  • Marijuana sprays, topicals, and balms
  • Recreational marijuana


While it’s not entirely illegal to possess Delta-8 in Texas, it’s legal to purchase it. 

However, you must be at least 21 years old to buy Delta-8—and you can’t move or possess more than three ounces of Delta-8 without a prescription.

It is also illegal to use Delta-8 as a drug unless you have a prescription or comply with the law by obtaining it from a pharmacy.

Delta-THC and Delta-9 THC are two of the most common types of cannabis available in Texas. Both types have been tested and proven to have many psychoactive effects, but they work differently.

Delta-THC has a higher concentration of delta-9 THC than Delta-8 THC and is therefore considered more psychoactive. This means it is much easier to become intoxicated when taking Delta-THC than when consuming Delta-8 THC.

However, both types of cannabis can be smoked or vaped, so it’s essential to know which one you’re getting if you want to avoid any possible adverse effects from being under the influence.

However, there are a few other cannabinoids that aren’t yet legal in Texas. Cannabigerol (CBG) is one of them. 

CBG is found in cannabis strains with high levels of THC, and it’s used as an appetite suppressant or for pain relief. Other cannabinoids include cannabichromene (CBC), cannabinol (CBN), and tetrahydrocannabivarin (THCV).

No, it’s important to note that marijuana is not federally regulated, and while it may be legal in certain states, it remains illegal in Texas.

Possessing marijuana in Texas can lead to federal charges and potential imprisonment. Furthermore, if you are under 21 and caught with marijuana, you may face fines, jail time, and the suspension of your driver’s license for six months or longer, depending on your age at the time of the offense.

Final Take on Delta 8 Texas

In Texas, the purchase and consumption of Delta-8 THC is legally permitted but restricted to individuals aged 18 and above. 

However, it is important to note that acquiring Delta-8 THC on public property or in public spaces is prohibited. 

While certain countries have banned the sale of Delta-8 THC, it can still be obtained online or through local dispensaries in non-restricted areas. 

Delta-8 THC remains legal in Texas, with the state legislature expressing no intent to criminalize it, allowing its usage for medical purposes. 

Nonetheless, it is advisable to consult a healthcare professional before attempting any new treatment or supplement.

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