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THC, Delta 8, and CBD: Understanding Texas Drug Laws in a Rapidly Changing Landscape

 Posted on April 08, 2022 in Drug Charges

TX drug lawyerIf you are like most people, you probably have questions about the legality of cannabis and cannabis-related products in Texas. Public opinion on cannabis has changed dramatically in the last several decades and more and more states are decriminalizing or fully legalizing marijuana products. In some states, only individuals with a valid medical marijuana card are permitted to possess and consume cannabis. In other states, any adult may possess a moderate amount of marijuana flowers, edibles, or other marijuana-containing products. Delta-8 products and CBD products are considered to be different substances than traditional cannabis. However, the legality of these products has also been subject to controversy and confusion.

What is the Difference Between CBD, Delta 8, and Delta 9?

Cannabis is a plant that contains over 100 chemical compounds called cannabinoids. THC (tetrahydrocannabinol) is the component of marijuana that produces the psychoactive effects, or “high” marijuana is known for. However, other compounds in marijuana and hemp plants do not produce any psychoactive effects. CBD (cannabidiol) has been shown to help with certain medical conditions without producing the “high” of THC.

Currently, CBD products are legal in Texas. However, THC-containing products are almost entirely illegal. The Compassionate Use Program allows certain individuals with severe medical problems to consume marijuana products with low levels of THC.

Traditional marijuana contains Delta-9 THC. Delta-8 THC is another cannabinoid found in the hemp plant. This substance produces psychoactive effects that are mild compared to traditional THC. The legality of Delta-8 products is a constant source of confusion in the Lone Star state. These products are currently sold at vape stores, gas stations, and other retail outlets and there are no laws expressly prohibiting the use of Delta-8 in Texas. However, there are also no laws legalizing Delta-8.

In the fall of 2021, the Texas Department of Health and Human Services stated that Delta-8 was illegal, but some retailers challenged this assertation in court and received an injunction. As for now, Delta-8 marijuana exists in a legal gray area. It is possible to fail a drug test after consuming Delta-8, so individuals on probation are encouraged to abstain. Furthermore, Delta-8 cannabis products and illegal Delta-9 cannabis products often look indistinguishable from each other. Consequently, it is possible to be arrested for possessing Delta-8 products.

Contact a Frisco Drug Possession Defense Lawyer

If you or a loved one are facing criminal charges for possession of marijuana or another controlled substance, contact a Collin County criminal defense attorney from Law Offices of Biederman & Burleson P.L.L.C. Our team can help you defend against the charges and fight for your freedom.





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