Is Delta 10 THC Legal in Texas?

The hemp-derived Delta 10 THC is legal in the state of Texas, and we couldn't be more thrilled that the Lone Star State is embracing hemp. As of November 8th, it is legal to buy and sell Delta 8 THC derived from hemp (with less than 0.3% THC) in Texas. So far, the above discussion has only addressed the legality and psychoactive effects of the new THC Delta 10 products. Now let's consider the impact of Delta 10's THC consumption on DUI charges. Remember, drug-intoxicated driving charges don't depend on the legality of the medications.

Even the legal use of prescription drugs can support DUI charges when the prescription impairs the driver's mental or physical abilities. Therefore, since Delta 10 THC products can currently be legal under both federal and Texas law, their legality does not mean that you can drive under their influence. Conversely, if the consumption of THC Delta 10 affects the driver's mental or physical abilities, so that the driver does not consume his normal consumption, prosecutors can charge a driver with intoxicated driving under the influence of alcohol under the definition of intoxication in article 49, 01 of the Texas Penal Code. To understand delta-8-THC, we must start with delta-9-THC, which is what most people think of and what is commonly referred to simply as “THC”. However, what it did not do was specify the legal or illegal amount of delta-8-THC.

Because of this gap, cannabis entrepreneurs have recently found a way to bring a form of THC to Texas markets. They discovered that if they chemically extract all the THC from cannabis plants, they can re-spray delta-8-THC, a compound that is almost identical to delta-9-THC in chemical structure (an isomer), with the location of a bond being the difference. Although this only difference makes delta-8-THC less potent than delta-9-THC, it can still cause you to become high. If you buy delta-8-THC cannabis flowers at the store, they'll look (and smell) the same as “normal” marijuana buds. However, that plant will have undergone a chemical extraction process (often called “remediation”) that removes all forms of THC from the plant and then re-adds the legal form of THC, Delta-8, to the flowers.

This is where things get complicated. If you are caught with a product containing delta-8-THC, some police officers may assume that you are in possession of good old fashioned marijuana, which contains delta-9-THC and is therefore illegal. In Austin, marijuana has essentially been decriminalized, but that's not true in most other parts of Texas. In fact, it's quite possible for a police officer to arrest you for possession of marijuana or a controlled substance, even if you are in fact in possession of the legal delta-8-THC. If this happens to you, the best thing to do is to hire a competent criminal defense lawyer who can insist that the prosecution analyze your cannabis product to show that it contains minimal or no delta-9-THC (and is therefore legal).Re-sprayed with Delta-8-THC (legal).

Delta-8-THC has blurred the lines of legality in the cannabis industry, making it all the more important to have a knowledgeable lawyer who knows the nuances of ever-changing policies. Since then, cannabinoids such as Delta 8 and Delta 10 have emerged as alternatives to cannabis in Texas and across America. Most states have followed suit with new federal law allowing producers to manufacture and sell Delta 8 THC products. THC Delta 9 is the main ingredient that gives marijuana its psychoactive and mind-altering effect and reputation among consumers. Therefore, super refined (and therefore expensive) Delta 10 THC products have psychoactive effects for many or most consumers.

This legalized delta 10, delta 8 and other cannabinoids derived from hemp in much the same way as The Farm Bill. Headshops, gas stations and convenience stores tend to be popular places for buying Delta 10 products but I wouldn't recommend buying from any of them. Like Delta 8 THC, producers produce Delta 10 THC from hemp plants rather than other more potent cannabis plants. Since there's an influx of low quality Delta 8 THC and Delta 10 THC products on the market today it's essential to know what to look for in order to avoid these lower quality brands. The bottom line is not to drive with Delta 10 THC in your body especially if it impairs your mental or physical abilities.

With new Delta 10 THC products producers have opened up a large new legal market even in states that continue to ban traditional marijuana and THC Delta 9 products from marijuana. According to cannabis site Leafly some producers of THC Delta 10 won't sell their products to other states with unclear laws. Just because blood tests or other tests show that Delta 10 THC is present in a driver's system doesn't mean they're guilty of an intoxicated driving charge. One would think then that THC Delta 10 like THC Delta 8 would have no psychoactive effects or only weak psychoactive effects. While this unilateral measure didn't affect delta 10 it showed that Texas DSHS isn't afraid to take steps towards banning certain forms of THC isomers. THC Delta 10 can cause psychoactive effects if heated or taken together with other cannabinoids such as THC Delta 9 or cannabinol (CBN).

Allyson Ribb
Allyson Ribb

Hipster-friendly pop culture evangelist. Total twitter expert. Lifelong travel scholar. Food junkie. General travel specialist.