With the ever-increasing popularity of Delta 8, it’s essential to stay informed about its legal side. There were many legislative changes implemented recently, especially during the last decade. One can quickly lose track of what’s legal and what’s illegal. If you live in San Antonio, you probably have some concerns of your own.
For instance, you may be wondering whether it is legal to transport Delta 8 in San Antonio, including Delta 8 based THC products such as edibles. It’s crucial to ensure you are doing everything by the law. Here is everything you need to know about the legal framework that defines Delta 8 transportation in this city.
Why is there a legal hustle around Delta 8?
Delta 8 is, in fact, Delta-8 tetrahydrocannabinol, or in short — Delta-8 THC. It is a psychoactive substance naturally found in Cannabis Sativa. It is located in both industrial hemp and marijuana. The one that you see on the market is manufactured from cannabidiol that comes from industrial hemp. The bottom line here is that it is a psychoactive compound.
Given that it is a psychoactive compound, some states still don’t see why they would legalize it. Producing, owning, transporting, or using Delta-8 in these states is still considered illegal, and offenders may face various repercussions ranging from fines to jail time. For starters, let’s see what federal legislation has to say regarding delta 8 san antonio.
The federal legislation is clear!
As you probably know, it was illegal to grow hemp in the US for a very long time. Given that Delta 8 is derived from hemp, it was also illegal. The Marihuana Tax Act of 1937 clearly defines it. However, in 2018 the federal Farm Bill came. Producing hemp and a variety of products derived from it became legal.
Federal legislation is quite clear about Delta-8 THC. According to it, Delta-8 THC is legal. It means that it’s officially off the list of controlled substances. But as you know yourself, every state in the US has the right to have its own list of controlled substances. It makes it harder for everyone to keep up with whether Delta 8 is legal or illegal.
However, since every state has the right to have its legislation, the state of Texas reviewed the Farm Bill to pass a bill on its own, which brings us to your initial question.
Texas legislation
To know whether it is legal to transport Delta 8 in San Antonio, you need to know relevant legislation in Texas. Following the federal Farm Bill, Texas took its own steps towards writing a legal framework to define hemp and its derivatives production. In 2019 the state passed House Bill 1325. The bill made hemp production in the state legal.
The bill also defined the THC concentration level in the plant to draw a clear line between hemp and marijuana. If the THC level is up to 0.3% concentration, the help is defined as a cannabis plant. However, when the bill was passed, there was no mention of Delta 8, even though it’s naturally found in hemp. That’s how the confusion started in the first place.
Delta 8 in San Antonio: legal or not
Delta 8 naturally occurs in hemp but in extremely low concentrations. It means that the Delta 8 found in edibles, tinctures, and vape cartridges is most likely derived from CBD. So is it legal or not? After passing House Bill 1325, Texas saw that they didn’t say anything about Delta 8.
They immediately updated their website to make it clear that in the eyes of the state of Texas, Delta 8 remains a controlled substance and on the list of Schedule I Substances. Meanwhile, we have online shops and brick-and-mortar stores in Texas transporting and selling Delta 8 products ever since the 2018 federal bill passed.
Retailers took action and sewed the state. DSHS tried to criminalize Delta 8, but retailers managed to win. The judge on the case granted an injunction against the state. At that moment, Delta 8, including transporting it, became legal. It means that transporting Delta 8 in San Antonio remains legal for now.
As you can see, sometimes it’s pretty different to find a straightforward answer to even the most straightforward question. Until Texas appeals the ruling mentioned above and makes changes to House Bill 1325, transporting Delta 8 in San Antonio is considered a legal activity.
