Let’s say you find yourself in the state capital of Texas for a long weekend. You’re probably planning on indulging in some great food trucks, perhaps you’re planning to take in the great views of the water and maybe, just maybe, you're keen on imbibing a lil’ something-something to enhance the vibes of the country’s 11th largest city. Is that copacetic, man?
Well, while plenty of states allow for medicinal use of cannabis, and even more have legalized recreational use, the current status of the plant here in Texas is, shall we say, a bit cloudier.
To be 100% clear, recreational cannabis use remains illegal per state and federal laws, but that won’t stop you from seeing signs, stores and green boxes across Austin brandishing that classic seven-petaled green leaf that couldn’t be mistaken for anything else.
The main difference here in Austin is that most of these products are made from Delta-8 and Delta-9, which are products derived from hemp. And hemp is very much legal here in Texas.
So are you in the clear to partake in these products? Yes, you are, but that might not be the case for good. Strangely enough, all this hoopla about a plant begins with a federal farm bill.
The Farm Bill opened the door to legal hemp products
Believe it or not, the Agricultural Improvement Act of 2018 is the nexus of the confusion around cannabis laws in Texas. The sweeping bill removed some cannabis products from the strictest level of the federal Controlled Substances Act, namely hemp — a cousin of the cannabis plant with low levels of the psychoactive ingredient THC.
One year later, Texas Gov. Greg Abbott signed House Bill 1325 into law intending to establish a state program that would regulate the testing and production of hemp. The bill also set out to create what’s become a thriving market for these kinds of products that contain less than 0.3% THC.
There was just one problem. Quantifying the THC concentration present in these kinds of products was never a concern for Texas law enforcement before the 2018 farm bill. If THC was detected, the product was illegal cannabis. Case closed; you'd be booked for possession.
But after the THC concentration in these products had to be identified to separate cannabis from hemp, county prosecutors, including in Travis County, began dropping some low-level cannabis possession charges because they said they didn’t have the proper equipment to make that distinction.
According to data from the Texas chapter of the National Organization for the Reform of Marijuana Laws, the number of cannabis possession charges in the state dropped from more than 60,000 in 2018 to just under 23,000 by 2020.
In the wake of these dropped charges, cities across Texas began decriminalizing the possession of small amounts of cannabis, including in Austin, San Marcos and Killeen.
Texas Attorney General Ken Paxton sued these cities for failing to enforce state law, but a Travis County District Court dismissed his recent attempt.
Five years on, the amount of cannabis products available to Texas consumers has only grown as Delta-8 and Delta-9 have gained more mainstream attention. The 2019 Texas bill that established a market for these products has also led to many more of them being produced in the state.
Delta-8 and Delta-9 products sales aren't guaranteed to continue
You’ve strolled in town for a weekend of debauchery (fun) and what should your eye catch but glimpses of stores and signs promoting edibles, topicals or smokables. Why on earth wouldn’t you expect to enjoy yourself?
So, yes, it is currently legal to consume these hemp-derived products while you're in town. And, as always, you should do so while in a safe environment, exercising caution, and you should definitely not get behind the wheel after doing so.
But sales of these products in the state aren’t guaranteed to continue. Texas lawmakers are already looking to impose a statewide ban on their sale.
That’s despite the fact that a majority of Texas adults support legalizing cannabis use here and even more agree with the decriminalization initiatives enacted by cities like Austin.
So for now, it’s best you enjoy those Delta gummies safely and maybe earn some real Austin credit by indulging in something that might not be here the next time you're in town.
