Is Delta 9 Legal? The State of THC In Texas Explained

You’ve probably heard plenty of legal talk on the news and across the internet about the state of cannabis legislature, all of which can get pretty hard to keep track of. It’s even more difficult when the laws are constantly changing, but we’re here to set things straight as to the current stance of the state.  
 In short, delta 9 THC is not currently legal in substantial quantities on the state level in Texas nor on the Federal level nationwide. However, it is legal in small quantities where it is naturally occurring in hemp products like CBD and delta 8 THC.  
 So, it’s illegal and legal at the same time? Yep, pretty much. We’ll break it down so you can know with confidence which delta 9 THC is legal. If you’d rather be spared the explanation, anything available for purchase in our store is legal in the state of Texas. But, if you’re curious about the specifics of delta 9 THC legislature and the alternatives available to you, stay a while.  

​What is Delta 9 THC?

Delta 9 THC might sound new to you, but odds are you know exactly what it is. Only recently has it been common to call it “delta 9 THC.” Most simply, this is the cannabinoid found in cannabis plants that is responsible for its psychoactive effects (meaning it’s the part that makes you feel high). If you’re unfamiliar, cannabinoids are simply compounds found in cannabis plants like THC and CBD. When people mention “THC,” delta 9 is more than likely the compound they are referring to.

​What’s the legal limit of delta 9 THC?

By Texas law, the maximum allowable delta 9 THC content is 0.3% on a dry weight basis. That goes for any cannabis sativa plant or product made from the plant, regardless of the form it comes in (edible, breathable, etc). This was put into effect by the Texas house bill 1325, passed in 2019. Legally, cannabis plants that adhere to this rule are classified as “hemp” plants. It’s still the same plant, just with different levels of cannabinoids. What this means for you is that any product with less than 0.3% delta 9 THC by dry weight is legal for use in the state of Texas.  


That’s good, because that opens up the opportunity for the full-suite of medicinal benefits available to you with cannabis products. Products like full-spectrum and broad-spectrum CBD contain small amounts of delta 9 THC and can help you to realize the litany of healing qualities attributed to cannabis as a whole. To learn more about full-spectrum, broad-spectrum, and isolate CBD, see our explanation of each to see which is best for you.  


Each cannabinoid has its own potential health benefits, so having access to each of them is a big win. If you’re hoping to get the benefits specifically found from delta 9 thc, consider our Delta 9 Knockout Gummies. This product packs 100mg of delta 9 THC between 20 gummies, each of which also contains 25mg of CBD to offer the best of both cannabinoids. 

​What are the benefits of delta 9 THC?

Most prominently, our clients seek out delta 9 THC and cannabis therapy products to alleviate anxiety, assuage pain, and even mitigate stress. For an in-depth discussion of how hemp products can help you, book a free consultation with one of our cannatherapy experts today! While delta 9 THC is typically what people seek out when looking for a high and other medicinal effects, there is another substance from the cannabis plant that can produce similar effects without any of the legal trouble: delta 8 THC.  

​What’s the difference between delta 9 THC and delta 8 THC? 

If they sound pretty similar, that’s because they are. Really, just look at them. Delta 8 THC and delta 9 THC have nearly identical chemical structures on the molecular level, and as such, they produce very similar effects. Delta 8 tends to yield a more mild high but remains psychoactive. 


Even though it may sound new, Delta 8 THC has always been a cannabinoid found in cannabis. It typically has very low concentrations in cannabis, reducing its effects and letting the effects of more potent cannabinoids shine through. Where a cannabis plant may have concentrations of up to 25% delta 9 THC, delta 8 THC typically maxes out around 1%. 

Delta 8 THC: The Legal Alternative 

While we’ve already discussed that delta 8 THC and delta 9 THC are not exactly the same, they do have remarkably similar attributes. Delta 8 THC is also legal without concentration restrictions and is a great alternative to delta 9 THC. For a full breakdown of what delta 8 THC is, where it comes from, and what it can do for you, see our complete guide to delta 8 THC. 


For the abridged description of where delta 8 comes from, note again that delta 8 is typically a very small component of cannabis plant contents. So, extracting just delta 8 from cannabis plants wouldn’t exactly be the most effective method as there would be more waste than anything. Luckily, there is another cannabinoid with, yet again, another similar molecular structure that can be transformed into delta 8 THC: CBD. It’s also much more plentiful, especially in hemp plants.  


Any CBD derived from a hemp plant (which we classified earlier as having less than 0.3% delta 9 THC) is legal for use in the state of Texas. CBD derived from hemp then undergoes a process called isomerization where it is transformed into delta 8 THC with some simple chemistry. Well, simple as far as chemistry goes.  


What results is a high yield of the substance known as delta 8 THC, making it readily available in an array of products that are ready to serve you. This is also why delta 8 may be called “synthetic,” but remember that delta 8 is naturally present in cannabis plants. To see a breakdown of exactly what you’re getting with our delta 8 (and other) CBD products, browse our third-party lab reports. 

​Delta 8 THC products 

Just like other traditional cannabis products, delta 8 THC products are available in a wide variety of forms to fit in with your lifestyle and preferences. Whether you want your delta 8 to be discrete with gummies or if you’re hoping to maximize absorption with carts, dabs, and pre rolls, there’s a delta 8 product for you.  

• Delta 8 tinctures
• Delta 8 hemp flower
• Delta 8 gummies
• Delta 8 pre rolls
• Delta 8 cartridges
• Delta 8 DAB​

​Texas Law & You

As confusing as legislation can be for the layman, the laws around cannabis and cannabis products can be easily digested once they’re broken down and defined piece by piece. As we’ve covered, delta 9 THC is actually legal in the state of Texas when it’s derived from hemp plants, those being cannabis plants with delta 9 THC contents of 0.3% or less. You don’t have to go out measuring all of your cannabis products now; we’ve done that for you. Browse our online store for all of your cannabis therapy needs, or stop into any of our locations to speak with one of our canna therapy experts about your cannabis journey!