Is Delta 8 legal in Texas? Well, that’s a very good question and actually, it’s unclear. There are ongoing appellate issues right now concerning whether or not Delta 8 is legal. But the important thing to remember when we’re talking about what is illegal in Texas, we’re talking about marijuana which has greater than 0.3% THC (Tetrahydrocannabinol). 

Usually, when they’re talking about the psychoactive ingredient in marijuana, it’s THC, and that’s usually talking about Delta 9. But Delta 8 also can be psychoactive, and so it’s unclear right now whether or not Delta 8 is illegal. 

So to be safe, you ought to consider it illegal, although it is actually unclear right now. But the bottom line is if marijuana has greater than 0.3% THC, it’s going to be considered illegal.

Summary

The legality of Delta 8 in Texas remains uncertain due to ongoing appellate issues. While Delta 9 THC is typically associated with marijuana’s psychoactive effects, Delta 8’s status is ambiguous. To be cautious, it’s wise to consider it illegal until clarified, particularly if the THC content exceeds 0.3%.