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Is Delta 8 THC Legal in Texas? We Explain

By Amber SmithJan 19, 2022 10:45 AM
Is Delta 8 legal texas

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Many of you have heard about Delta 9 THC, the molecule that has gained the most publicity in recent years surrounding the legalization of cannabis and cannabis products. But some of you may be new to Delta 8 THC. Delta 9 THC and Delta 8 THC are two different molecules and have different effects on the human body. 

The issues surrounding cannabis and cannabinoids are complex, but we’ll do our best to break down these issues into a simple-to-understand way and answer questions you may have surrounding cannabinoids such as Delta 8 THC in Texas. 

If you’re reading this article then you likely live in or around Texas and have varying degrees of experience using cannabinoids. Not to worry! Whether you’ve been using cannabinoids for years or are a novice doing their research before trying their first cannabinoid product, we’ll be your guide. We’ll explain how to select a quality cannabinoid product, and what you should look for in a retailer or manufacturer. For those of you out there who don’t want to spend time researching individual companies and products we’ve created a list of Delta 8 top picks!

Top Delta 8 Products

1. Everest Delta 8 THC Gummies

2. Planet Delta

3. Summit THC Delta 8 Gummies

4. Delta Remedys 

5. TRĒ House

6. The Hemp Doctor Gummy Bears

7.  Exhale Delta 8 Gummies

8. Blue Moon Hemp Watermelon Delta 8 Gummies

A Little About Delta 8 and the Cannabinoid System in Our Bodies

You don’t need a graduate degree in chemistry or biology to understand the basics of how cannabinoids affect humans. In this section, we’ll break down basic principles and then dive specifically into the effects of different cannabinoids in the body.

The Human Cannabinoid System

The human body inherently has a system of molecules and receptors that together make up the endocannabinoid system. Without this system, humans would not feel any effects, either beneficial or adverse. 

To deliver their effects, cannabinoids must interact with receptors in the brain and body. The body contains CB1 and CB2 receptors. We must distinguish between these two receptors, as they’re found in different parts of the body, and interactions with each produce different effects. 

The first receptor we’ll talk about is the CB2 receptor which is found primarily in the gastrointestinal and immune systems. They also run through the nerves outside the brain and spinal cord in what’s called the peripheral nervous system (PNS). The brain and spinal cord make up the central nervous system (CNS). 

Cannabinoids that are non-psychoactive, such as cannabidiol (CBD) and other cannabinoids from the hemp plant, interact primarily with the CB2 receptor. The results include relief from mental health disorders like anxiety and depression as well as potential relief from certain epilepsy disorders. They can also help relieve pain, reduce nausea or vomiting, increase appetite, and help you feel better overall. 

Contrast this with the various forms of THC, which interact primarily with the CB1 receptors of the brain and spinal cord. Delta 8 and Delta 9 THC have a psychoactive effect, so they manifest their effects in the CNS. They can activate multiple endocannabinoids in the body to create something call the entourage effect, which is an overall good feeling. 

When considering how cannabinoids react in your endocannabinoid system, you might think of it like a light switch. Depending on the types of cannabinoids and the potency of each, they might turn certain effects off or on. In other cases, they might act like a dimmer switch to relieve certain symptoms but not necessarily erase them. The effects are always temporary, but many find that using cannabinoids long term improves the overall effect. 

Keep in mind that this way of thinking is not an all-or-nothing process. This model just gives a good idea of where molecules primarily act in the body.

Tetrahydrocannabinol (THC)

We just mentioned that THC acts primarily on the CB1 receptors of the brain and spinal cord, which allows these molecules to produce a psychoactive effect. The next point to understand is that there are different forms of THC called isomers, which have the same chemical makeup but differ in bond placement and atom connections. 

While the change in a connection may seem like a small alteration, it significantly impacts how the molecules interact with the receptors and the effects the human body produces. Since this article focuses on Delta 8 THC, let's talk about the differences between Delta 8 and Delta 9 THC. 

Specifically, Delta 8 has the double bond on the eighth carbon chain, while Delta 9 has the double bond on the ninth carbon chain. Ultimately the difference comes down to how strongly each molecule interacts with the CB1 receptor of the brain. 

Both types of THC interact with the CB1 receptors of the brain, but Delta 8 is about half as potent. They produce the same effects in the brain and body, but you’ll need about twice the amount of Delta 8 to produce the same effects as Delta 9 THC. This is why some states allow the sale of Delta 8 but not of Delta 9.

Effects of Delta 8 vs Delta 9 THC

First-time users of THC may not know exactly what to expect when trying it for the first time. While the effects of THC can be slightly different for each person, there are effects in common. 

In research, THC has been shown to increase appetite (orexigenic effect), decrease nausea and vomiting (antiemetic effect), and decrease pain, especially chronic pain.

You may be asking yourself: “If Delta 9 THC is so much more potent than Delta 8, then why not just use Delta 9?” 

There are a few reasons you’d want to choose Delta 8. First, it may be particularly suited to new THC users, as it’s half as potent. As with anything you put into the body, you want to use the lowest effective dose to produce the desired effect. Starting with a Delta 8 THC product means you can start at a lower potency and gradually increase the dose while minimizing the potential for adverse side effects. 

Secondly, the Federal government and states have specific laws regulating the use of various forms of THC. Using Delta 8 THC may be legal in places where using Delta 9 THC is not. We’ll talk about this in detail in the next section.

Is THC Legal in Texas and Elsewhere?

The legal status of THC is constantly changing, which makes finding out whether you can or cannot legally use various molecules difficult. Don’t worry; we’ll break down this complex issue as simply as possible. As of now, Delta 8 THC is temporarily legal in Texas, but it’s a bit more complicated. We want to give you the ins and outs of the legality of various THC products. 

Let’s begin by talking about the notorious Delta 9 THC molecule. At the federal level, Delta 9 has no recognized medical use or value, which means it’s a schedule one controlled substance. This essentially means that it’s illegal at the federal level to own and possess THC. This is relevant if you were to use a federal facility or to fly out of the country and have Delta 9 products on your person. You could face charges if you were caught.  

Although Delta 9 is illegal at the federal level, states can set their own laws and restrictions within state boundaries. Certain states have passed laws that restrict the use and possession of Delta 9. Most states have used one of three actions with Delta 9 THC: 

●       It can legally be used recreationally and medically.

●       It can only be used medically for a qualifying medical condition with a prescription.

●       Use of the substance is banned entirely. 

Commonly, if a state allows the use of recreational Delta 9 THC use, they set a specific limit on how much of the substance you can have on you at a time. 

Over the past few years, Delta 8 THC has become increasingly popular because of the ambiguous legal status of this substance both federally and at the state level. Its use came to a head with the passing of the Farm Bill of 2018. With this bill, cannabinoids could be manufactured commercially and sold across all states as long as the products didn’t contain more than 0.3% Delta 9 THC. 

The Farm Bill specifically identified the stipulation as Delta 9 THC, which in technicality allowed the commercialization of other THC isomers such as Delta 8. 

So as of now, Delta 8 THC is legal across all states. That being said, some states have specifically written laws prohibiting the use of Delta 8 THC. 

In October of 2021, the State of Texas explicitly prohibited the use of Delta 8 THC, although officials didn’t make any arrests and there are current lawsuits fighting this ruling. Then, in November of 2021, a judge blocked the ruling that stated Delta 8 was a Schedule 1 substance. Stores resumed selling it at least temporarily. Some continue fighting to make Delta 8 illegal and others fight to maintain the judge’s ruling. Keep watching the case to see what happens.

What to Consider When Buying Delta 8

The selling of cannabinoids has become a lucrative industry since the passage of the Farm Bill in 2018. The influx of consumer money for cannabinoids has given rise to many cannabinoid companies, some producing high-quality products while others just want to make a quick dollar. 

Therefore, it’s crucial that you as the consumer understand what makes a high-quality cannabinoid product. We’ll walk you through a few considerations when picking a quality product and brand to work with.

Purity

As with anything you put into your body, know precisely what’s in it. With supplements, there’s not a lot of direct government oversight, which means companies should regulate it themselves. Cannabinoid companies can do this by sending their cannabinoid products to independent, third-party laboratories for testing. 

Tests should check for potency or strength of the ingredients, including the THC levels. They should also check for harmful contaminants such as heavy metals or pesticides that might have been absorbed by the hemp leaf.

Potency

If you want the effects this ingredient promises, make sure the potency of the product matches what it says on the label. The only way to ensure that the product has as much of the Delta 8 THC as it says is to ensure that the company lab tests its products. 

You can often find the results posted on the company’s website. If they’re not there, you might be able to request a copy from customer service. If you can’t find test results, you might want to move on to another brand.

Shipping

Today the world is more connected than ever, so there’s really no good reason to wait forever to receive your products? We think that shipping should be reasonably priced and speedy. We also look favorably at companies that offer free shipping on orders that meet a minimum order amount.  

Reputation

How long a company has been in business and its reputation in the industry illuminates how the company as a whole conducts business and serves its customers. While some companies haven’t been in business for long, others are older and more established. 

We don’t care so much how long a company has been in business. Rather, we focus on what customers are saying about a company, whether it was started one year ago or 10.

Customer Satisfaction

One of our top considerations is customer satisfaction. Are they happy with their purchase? Do they have positive and constructive things to say about it?  

Customer reviews are important and can offer insight into problems with products and business processes that you can’t tell just by looking at the product webpage and packaging. We know problems are bound to occur, especially when serving a large customer base, but it’s how the company responds to customer concerns that truly distinguishes quality companies and products from lower-level competitors.

Top 6 Delta 8 Products to Buy in Texas

We’ve discussed the murky legality of Delta 8 products in Texas, and now that we know they’re currently legal, it’s time to get to our top recommendations.

1. Everest Delta 8 THC Gummies

When considering all the factors of selecting a high-quality Delta 8 THC brand, Everest is in our number one spot. They offer top notch products with transparency to customers. 

All of their products use 100% organic USA-grown hemp, and the company promises that the hemp is sustainably farmed. This is a company that has built a loyal customer base, clearly illustrated by hundreds of five star reviews. 

The company focuses on non-GMO and vegan-friendly ingredients. We also love that the company tests their ingredients for purity and potency–not once but twice! 

The company's products themselves are unparalleled with flavors such as Blue Razz Delta 8 THC gummies. Each delectable gummy contains 20 mg of Delta 8 THC, and first-time purchasers of these products can get 20% off their first order by subscribing at the checkout page. What more could you ask for?

Hemp Source

●       USA-grown hemp

Extract Type

●       Delta 8 THC 20 mg

Flavors

●       Blue Raspberry

●       Watermelon

●       Peach

Ingredients

●       Pectin

●       Glucose syrup

●       Sugar

●       Distilled water

●       Hemp oil (product dependent)

●       Citric acid

●       Sodium citrate

●       Natural and artificial colorings

●       Natural and artificial flavorings

Lab Results

●       Green Scientific Labs

Shipping Policy

●       Free shipping on all orders

Return & Refund Policies

●       Returns of unopened products are fully refunded

●       Shipping costs are the customer's responsibility

Website Experience

●       The words “clean” and “refreshing” come to mind when cruising this company's website. It’s informative without being overwhelming and navigating it is easy. 

2. Planet Delta

Planet Delta is a relative newcomer to the cannabinoid industry but stands out with their quality products and fun branding. They have flavors that will dazzle the tongue such as strawberry gelato or blue dream berry. 

Each gummy contains 25 mg of Delta 8 THC and there are 25 gummies in a bottle for a total of 625 mg per bottle of Delta 8 THC. The company also ensures the safety of its customers by independently testing their products with a laboratory for cannabinoid levels and contaminants.

Hemp Source

●       USA-grown hemp

Extract Type

●       Delta 8 THC 25 mg/gummy

Flavors

●       Strawberry Gelato

●       Blue Dream Berry 

Ingredients

●       Sugar

●       Corn syrup

●       Pectin

●       Sunflower oil

●       Water

●       Flavoring

●       Sodium Citrate

●       Sodium acid sulfate

●       Citric Acid

●       Natural & artificial food coloring

●       Delta 8

●       Terpenes 

Lab Results

●       ACS Labs

Shipping Policy

●       Calculated at checkout

Return & Refund Policies

●       30-day return on unopened products

Website Experience

●       BudPop’s website is both fun and engaging. You’ll feel like a kid again while exploring this website.

3. Summit THC Delta 8 Gummies

When judging from all angles at what makes the best Delta 8 brand, Summit stands at the top with highly potent products that are affordable, delicious, transparent, and consistent.

All of their products are third-party tested for potency and safety, and are only made with US grown hemp. Unlike most other brands that often “white label” the same gummy under different brands, they truly custom blend each of their gummy formulas.

They only use vegan and natural ingredients - this is where Summit stands out in terms of quality. No high fructose corn syrup or artificial flavors/colors in their gummies!

They make not only high quality Delta 8, but also Delta 9 products if you're in a state where Delta 8 isn’t allowed for sale. With15% off of first time and subscription orders, they are already an amazing deal - check them out!

Hemp Source

●    USA-grown hemp

Extract Type

●    Delta 8 THC 25 mg

Flavors

●    Mango

●    Watermelon

●    Blue Raspberry

●    Strawberry

Ingredients

●    Tapioca Syrup

●    Fruit Pectin

●    Sugar

●    Distilled water

●    Hemp Extract

●    Natural color and flavoring

Lab Results

●    Columbia Labs

Shipping Policy

●    Free shipping on all orders 

Return & Refund Policies

●    Returns of unopened products are fully refunded 

Website Experience

●    Easy to navigate, fun colors / scheme, and great access to customer reviews make their website a pleasant experience.

4. Delta Remedys 

Delta Remedys offers some of the strongest Detla 8 Gummies on the market at reasonable prices. They are the only company that offers three different flavors of ring gummies in one bottle. Apple, peach, and watermelon.

Delta Remedys gummies are third-party lab tested, the results are published on their website for each batch of gummies made. Delta Remedys products are 100% U.S made and are manufactured in a GMP manufacturing facilities.

Product Details 

·        Apple, peach, watermelon flavors all in one bottle

·        30-count, or 60-count Jars

·        25 mg of Delta 8 THC per gummy 

·        Third party lab tested

·        30- count jar is $59.99

·        60- count jar is $99.99

Customer Experience 

·        Free fast shipping on all orders 

·        Excellent customer service 

·        30-day return guarantee on all orders 

·        30% subscription discount

5. The Hemp Doctor Gummy Bears

The Hemp Doctor seems to be all in, as they fully invest in their products and customers. They offer things like full refunds and free shipping, so you can feel confident with the product you order. This company's gummies contain 30 mg of Delta 8 THC and come in mixed fruit flavors. 

Each bottle contains 20 pieces of 25 mg gummies totaling 600 mg. The ingredients are organic and all natural except for the inclusion of artificial food dyes. The company also tests your products with independent laboratory testing.

Hemp Source

●       USA-grown hemp, organically grown

Extract Type

●       Delta 8 THC 30 mg/gummy

Flavors

●       Mixed fruit (tangy lemon, sweet cherry, delicious strawberry, luscious orange, tart green apple, and yummy pineapple)

Ingredients

●       Corn Syrup

●       Sugar

●       Gelatin

●       Pectin

●       Lactic Acid

●       Citric Acid

●       Artificial Flavors & Colors, FD&C Red #40, FD&C Yellow #6, FD&C Yellow #5, Titanium Dioxide

●       100% Compliant Hemp Derived Delta-8 THC

Lab Results

●       Altitude Consulting

Shipping Policy

●       Free shipping via USPS

Return & Refund Policies

●       Full refunds

Website Experience

●       While the company produces top-of-the line Delta 8 THC products the website is basic. There’s a lack of sophistication, but it’s easy to navigate, which is a plus.

6. Exhale Delta 8 Gummies

Relax and exhale with a brand that puts customers first and produces top-notch products. Exhale produces excellent Delta 8 THC gummies, each containing 25 mg of Delta 8. They come in a mix of fruit flavors, are vegan, and don’t contain GMO ingredients. 

The company offers an awesome 30-day satisfaction guarantee, which we believe should be the norm rather than the exception. 

Hemp Source

●       USA-grown hemp

Extract Type

●       Delta 8 THC 25 mg/gummy

Flavors

●       Mixed fruit

Ingredients

●       Not listed

Lab Results

●       CannaSafe

Shipping Policy

●       Free Economy Shipping (5-7 business days)

Return & Refund Policies

●       100% money-back guarantee

Website Experience

●       Some companies choose to invest their money into their products instead of their websites, which seems to be the case for Exhale. The website is simple and usable but lacks refinement.

7. Blue Moon Hemp Watermelon Delta 8 Gummies 

If you’re a lover of mouth-watering watermelon flavor, check out Blue Moon Hemp. Their watermelon Delta 8 gummy is unparalleled in flavor. Each of these gummies contain 25 mg of Delta 8 THC, and the containers come with a whopping 40 gummies! 

The gummies are free of gluten and animal products and are third-party laboratory tested for purity. Customers love Blue Moon Hemp, which is clear from their reviews.

Hemp Source

●       USA-grown hemp

Extract Type

●       Delta 8 THC 25 mg/gummy

Flavors

●       Watermelon

●       Blue Razz

Ingredients

●       Glucose Syrup

●       Sugar

●       Distilled Water

●       Pectin

●       Delta-8 Hemp Extract

●       Natural and Artificial Flavors and Colors

●       Citric Acid

●       Sodium Citrate. 

Lab Results

●       Kaycha

Shipping Policy

●       Free shipping for orders over $99

Return & Refund Policies

●       30-day satisfaction guarantee

Website Experience

●       Simple and to the point are not always bad things, and Blue Moon Hemp’s website demonstrates that. You can get to where you want to go quickly, and things are clearly explained. 

If you’ve stuck with us this far, we hope we gave you all the information you needed to buy quality Delta 8 gummies in Texas. While Everest remains our top choice, the others on this list are great as well. Let us know which gummies you like best!

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