Supreme Court of Texas upholds Delta-8 legality

On Behalf of | Dec 23, 2021 | Drug Crimes |

THC derived from marijuana is illegal for recreational use in the state of Texas and carries severe punishments for those caught selling or in possession of the drug. Its scientific name is Delta-9-tetrahydrocannabinol. However, with the legalization of the hemp plant from the 2019 Farm Bill, there are other methods of creating THC in the form of other isomers.

These alternative versions of THC, such as Delta-9, Delta-10 and THC-O have seen pushback. Communities and legislations across the nation have had to decide whether or not law enforcement or health services should reclassify these isomers as controlled substances similar to Delta-9 THC.

Delta-8 in Texas courts

As the Austin Chronicle reports, yet another appeal to ban the Delta-8 isomer of THC, derived from hemp and not cannabis, has fallen through. An injunction handed down by the Texas supreme court maintains that legal hemp must not contain more than .3% concentrations of Delta-9 THC — but not other variants. This shut down the Texas Department of State Health Service’s lawsuits against local retailers who sell Delta-8 products.

Delta-8 on Texas streets

People who choose to indulge in the recreational use of legal variants of the drug THC may wish to remain aware of the current penalties for the controlled substance Delta-9 THC. Confusion may occur if law enforcement assumes possession of legal hemp products is illegal.

Possession of up to 4 oz of Delta-9 THC results in a misdemeanor. Possession over 4 oz and up is a felony.

Drug charges of any sort risk a serious impact on a person’s life. Regardless of whether law enforcement mistakenly makes an arrest over a legal drug, everyone deserves a proper defense against the charges.