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  • Zachary Austin

What is Delta-8 ?

THC is the active ingredient in cannabis, and it's become more popular for medical and recreational use. Differences in the chemical makeup of THC produce different effects in users, ranging from the calming effects of CBD products to the euphoric effects of marijuana, also known as delta-9 THC.

Chemically speaking, delta-8 THC is a close cousin of delta-9 THC. The difference between the two is where each is derived from and the slight differences in their chemical makeup. Delta-8 comes from the hemp plant while delta-9 comes from marijuana. Often called "marijuana lite" or "diet weed", Delta - 8 can give users euphoric effects that are less intense than Delta - 9.

Delta - 8 has surged in popularity in recent years due to its similarities to marijuana and even more so in states where marijuana is still illegal. Chances are you can find Delta - 8 products in the ever-popular CBD shops throughout Texas. Many stores in Texas are selling Delta - 8 without any legal or governmental regulation.

Is Delta - 8 legal in Texas?

For the time being, Delta-8 is legal in Texas. However, things could quickly change due to litigation over the subject. Last October, the Texas Department of Health and Human Services updated its website to specify that Delta -8 THC was illegal. As a result, CBD and hemp retailers filed lawsuits attempting to stop DSHS from criminalizing Delta-8. The retailers obtained a temporary injunction on the state's ban. So far the temporary injunction has been upheld by an appeals court and recently the Texas Supreme Court denied DSHS' request to hear the case. Thus, the case will remain in the Texas Appellate Court until it is ruled on months down the road.

Current Consequences

Possession or using Delta-8 products can have undesirable consequences despite the current legal limbo. While not explicitly illegal, delta-8 is indistinguishable from delta-9 without using a lab. In theory, law enforcement could arrest someone for possessing delta-8 products if they suspect it contains illegal delta-9. Under these circumstances, it could be months before any lab results are known. Money will have been spent on bondsmen and lawyers by the time a situation like this is sorted out.

Other possible hiccups include individuals out on bond or on probation. Under these circumstances, Courts can issue orders forbidding individuals from using or possessing "any" cannabinoids. While delta-8 is currently legal, you could be pushing the envelope in certain courts.

Drug testing. Enough said. You can fail a drug test if you have only used delta-8 because drug tests are unable to distinguish the differences between delta-8 and delta-9. This is not only important for individuals on bond or probation but also for potential employment. While currently legal, delta-8 can still create headaches for some.

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