TEXAS, USA — Believe it or not, there are legal ways for people in Texas to celebrate 4/20, a day that's associated with cannabis culture.
With recent changes about cannabis laws around the U.S., it's hard to keep track of what is and isn't allowed. There are also so many terms related to cannabis, figuring out which means what is confusing.
For the Lone Star State, it's clear that marijuana is illegal.
According to the Texas State Law Library (TSLL) website, delivering and possessing marijuana (or "marihuana," as federal and state laws spell it) are criminal offenses. Punishment depends on how much marijuana is found.
However, there are cannabis-derived products that Texans can use recreationally. It mainly depends on what kind of and how much THC (or tetrahydrocannabinol) is in the product.
Here's what to know.
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Hemp products - Somewhat legal
Hemp and marijuana both come from the cannabis sativa plant, but hemp has no more than 0.3% of THC, the substance that creates the "high" feeling when using marijuana.
Hemp products with less than 0.3% of Delta-9 THC are legal in Texas, according to the TSLL. Delta-9 is what creates the "high" effect from using cannabis.
Governor Greg Abbott signed the law making it legal in 2019.
That doesn't mean you can make hemp products out of the blue. You have to have a license to make the products in Texas.
Also, as of 2023, no companies in Texas are allowed to make hemp products for smoking.
CBD - Legal
The CDC says cannabidiol (CBD) is a compound found in the cannabis sativa plant, but it doesn't create a "high" like THC.
CBD can also be derived from hemp and non-hemp plants. According to the TSLL, CBD products are included as hemp products in Texas.
CBD products are legal in Texas as long as the ones making the products follow state law.
Delta-8 THC - Legal for now
Forbes Health says Delta-8 and Delta-9 both comes from the cannabis sativa plant and they have similar psychoactive properties, but Delta-8 is less potent than Delta-9.
The plant also only has a small amount of Delta-8, so it's made with concentrated amounts of hemp-derived CBD.
Delta-8 THC has been in a legal tug-of-war in Texas the last couple years.
According to the Texas Tribune, Delta-8 THC is legal, but an ongoing lawsuit with the Department of State Health Services (DSHS) could change that some day. The DSHS is trying to list Delta-8 as an illegal Schedule I controlled substance, but a temporary injunction's blocking that until there's an official decision.
NOTE: The following video was uploaded in Oct. 2021.
NOTE: The following video was uploaded in Feb. 2024.
