What is Delta-8 THC? Can I legally use it?
In 2018 the USDA released what is known as the Farm Bill. This gave us the legal definition of "Hemp" and its related products. In 2019, Texas adopts these rules into law by passing HB1325, which sets forth the rules for the hemp industry in Texas and its compliance plan to follow the rules USDA has set forth.
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The USDA defines hemp as the following:
"The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."
Based on this definition, we are allowed to make products that contain Delta-8 THC so long as they do not exceed more than 0.3% Delta-9 THC on a dry weight basis. This means that after water is removed, you can have up to 3mg of Delta-9 THC per 1 gram. Since THC is specifically defined as Delta-9 THC in the bill, we are allowed to have any of the other THC isomers. So long as we stay compliant using legal hemp and don't sell products over 0.3% Delta-9 THC. This means we are also allowed to offer doses with this specific isomer that exceed 0.3% by weight.