Which Substances Are Legal in Texas? How Can You Tell the Difference?
In 2018, the United States Congress legalized the production of hemp, paving the way for a whole new spate of products associated with the cannabis plant. In 2019, Texas followed suit, legalizing hemp, but not legalizing marijuana. Not surprisingly, there’s a lot of confusion about what’s legal and what’s not. Let’s look at each of these and see what the differences are.
What Is the Difference between Hemp and Marijuana?
Hemp is a plant in the cannabis family with a THC content of 0.3% or less. THC, or tetrahydroconnabinol, is the psychoactive component found in the cannabis plant. If the cannabis plant has a THC content above 0.3 %, it will be classified as marijuana. Most of the new laws passed in the last five years legalized hemp, but did not legalize marijuana.
What Is CBD?
CBD, or Cannabidiol, is a compound derived from the cannabis plant. It is not psychoactive—it does not contain substances that will “get you high” or “alter your consciousness.” CBD may contain THC, but the concentration must be less than 0.3 percent.
What Is Delta-8?
Delta-8 is a THC cannabinoid that naturally occurs in very small concentrations in the cannabis plant. It has psychoactive properties, but typically does not lead to any significant “high” or altered state because the concentrations are so low.
What Is Currently Legal in Texas?
Though Texas allows the use of medical marijuana, the permissible consumption is extremely limited. As a general rule, it can be prescribed for a handful of conditions, including PTSD, cancer, epilepsy and autism. It may only be used with a prescription.
While the growth, sale and possession of hemp is legal under both federal and state law in Texas, it remains against the law to process or manufacture smokeable hemp in the Lone Star State (a law affirmed by the Texas Supreme Court in 2022).
CBD is legal in Texas, provided the THC content is below 0.3 percent. The Texas Department of State Health Services classified Delta-8 as an illegal substance in 2021, but it’s still available legally in Texas. That’s because a judge found that DSHS didn’t follow proper procedures when listing Delta-8 as unlawful. The lawsuit, though, is still pending and the ruling could be reversed.
Contact the Proven Criminal Defense Attorneys at Bailey& Galyen
At the law offices of Bailey& Galyen, we have more than 40 years of experience protecting the rights of people across Texas who have been charged with drug law violations. We have a comprehensive understanding of the criminal laws and procedures, as well as your rights under the U.S. Constitution, and will take the necessary steps to ensure that prosecutors and police officers don’t overstep their bounds. We will carefully gather and preserve all evidence, so that we can make the best arguments for your acquittal. contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
