Yes, a license is required to sell CBD products in Texas. Beginning Nov. 8, hemp derived delta-8 thc (with less than 0.3% THC) is legal to buy and sell in Texas. Delta-8 was thought to have been legalized in Texas nearly two years ago after Governor Greg Abbott signed House Bill 1325 that legalized any hemp product with less than 0.3% THC.
A Travis County judge temporarily blocked the state from including delta-8 as a Schedule I drug, effectively making it illegal. Cannabis extract became popular because users say it produces the “high effect” of marijuana. Yes, you can fail a drug test if you have only used delta-8 cannabis, since drug tests cannot distinguish the differences between the delta-8 and 9 cannabinoids. The DEA rule doesn't clearly define what it means by “synthetic derivatives,” which opens it up to interpretation and a lot of confusion, especially from cannabis brands that currently sell delta-8 THC products in Texas and beyond.
As more users begin to enjoy THC delta-8 in the Lone Star State, many are wondering how long this legal high can stay legal as the DEA approaches. Delta-8 THC acts as a kind of unicorn among psychoactive components because it bridges the gap between federally legal hemp and federally illegal cannabis, making it a federally legal high in many states, including Texas for the time being. Because it is a “minor cannabinoid” and is only present in trace concentrations (up to 1%), hemp growers and manufacturers are converting CBD to delta-8 THC through an isomerization process. However, others suggest that “synthetically derived derivatives do not apply here, since neither hemp-derived CBD nor delta-8 is strictly an artificial chemical, and isomerization of CBD to delta-8 does not result in a synthetic compound.
While not explicitly illegal, delta-8 cannabis is indistinguishable from normal delta-9 cannabis unless tested in a laboratory, so you could be arrested for delta-8 cannabis if officers suspect that it is illegal delta-9 marijuana. DSHS argues that because the state hemp law did not explicitly discuss delta-8 at all, it “did not allow or intended to allow the manufacture and sale of delta-8 products, according to the agency's response to the Hometown Hero lawsuit. As mentioned, Texas follows this federal ruling and allows THC delta-8 to be sold, distributed, owned and consumed in accordance with state law. Marijuana is a THC compound called Delta-9 because of the double bond at the ninth carbon atom, unlike the eighth carbon atom in Delta-8.As of this writing, the use, possession, sale, distribution and production of hemp-derived delta-8 THC remains illegal in Texas.
This amendment would have made all products with more than 0.3% delta-8 illegal under Texas law, which would have dealt a huge financial blow to delta-8 retailers and suppliers operating in the state. While the legality of delta-8 will be discussed later, legal oversight has allowed delta-8 to be “legally” produced, sold and used in dozens of states, including Texas.