It is still illegal to use or possess marijuana under Texas law, including hemp-derived THC oils that have a greater than 0.3% delta-9 THC concentration — and has been since 1931. What changed in 2019 is that hemp is considered different from marijuana. Marijuana is a slang term used to describe all “drug” cannabis, which is cannabis that contains greater than 0.3% delta-9 THC based upon dry weight percentage. Whereas, Hemp is Cannabis Sativa that tests at 0.3% or less of delta-9 THC.
Hemp was made legal federally by the 2018 Farm Bill and in Texas by House Bill 1325, which Gov. Greg Abbott signed in 2019. Now, Cannabis Infused Products (CIPs) are being sold across the state. After some back and forth in late 2021, Texas clarified that delta 8 products are allowed and covered under the 2018 Farm Bill for the time being. The state was also specific that their limits only apply to delta-9 THC, and that laboratory testing must be done in a manner that converts THC acid into delta-9 THC or uses a method of reporting that accounts for the conversion that naturally takes place with drying, known as decarboxylation.
Manufacturing, however, is a separate issue. While hemp is legal to buy, sell and possess, the Texas Department of State Health Services regulates manufacturing and has banned the processing and manufacturing of smokable hemp within the state. That ban was upheld by a Texas Supreme Court ruling in June 2022 and CBD Center of Texas does not sell any smokable products at all.
How Are Hemp-Derived Delta-9 THC CIPs (Edibles) Legal?
Yep, that’s right, even in Texas, a state without access to legal weed, people can buy goodies—primarily gummies, but baked goods and other edibles, too—that contain real deal delta-9 THC. The Farm Bill gave manufacturers a surplus of hemp that they could convert into CBD distillate, and then use to extract from the same hemp oil, many naturally occurring psychoactive cannabinoids, such as delta-8 THC, delta-10 THC, and delta-9 THC, as well as the ability to use scientific laboratories to create synthetic forms of THC like HHC, or THC-O acetate. Similarly, hemp-derived delta-9 THC starts with pure CBD distillate. When you extract relatively pure CBD from hemp, you’re left with a byproduct known as “mother liquor.” The mother brew contains a mixture of all the left over cannabinoids from the extraction process, including delta-9 THC, the same delata-9 as in any other form of cannabis like indica, sativa, or ruderalis.
The Farm Bill also made it legal for hemp-derived products that contain less than 0.3% THC on a dry weight basis. That distinction makes it possible for hemp-derived delta-9 edibles to flourish. Let’s say you have a brownie that weighs one hundred grams. Again, according to the Farm Bill, only 0.3% of that brownie’s dry weight can consist of THC. Using that math, you could technically pack just under 300 milligrams of THC derived from hemp into that brownie for it to be legal. And that’s exactly what a lot of manufacturers have done with their hemp-derived delta-9 edibles. HOWEVER, in Texas those products are still illegal and are considered marijuana products!
According to Texas law regulating consumable hemp, Cannabis Infused Products (CIPs) can be manufactured and sold as long as EVERY HEMP INGREDIENT used in the manufacturing process tests at 0.3% or less delta-9 THC. Utilizing pre-diluted oils that comply with this regulation, it is impossible to make CIPs with a strength level greater than about 40mg of any form of THC on average; there may be some very dense or oily products that are exceptions.
Texas law also requires that the hemp ingredients be tested for Heavy Metals contamination, Microbiological contaminates, and Pesticides unless proof of the material that oil was extracted from or the oil itself has been tested clean of these potential contaminates prior to manufacturing.
With 8 years of cannabis product manufacturing experience, and 12 years of cannabis laboratory testing experience, CBD Center of Texas completely complies with Texas law and is licensed by the Texas Department of State Health Services. Our products are in-house and 3rd party laboratory tested and manufactured, packaged, and labeled in compliance with FDA Guidelines, Texas law, and Federal Code of Regulations Chapter 700.