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Is Delta-8 Banned in Texas? Yes or NO

Slumber CBN Delta 8 Product Line Remain Legal in Texas

What is Delta-8?

Delta-8 (delta-8-tetrahydrocannabinol) is a compound that is more similar to THC, the main compound in cannabis that gets you sleepy/relaxed.  Delta-8 consumers tend to report similar, yet slightly potent, effects as THC such as drowsiness and relief from some symptoms such as pain*.

Consuming Delta-8 in combination with CBN may be the ideal partner to combat insomnia for some. As with any other natural sleep aid or hemp supplement, consult your physician, as there is a chance that it could cause adverse reactions for some people.


Understanding the current state of Delta-8 in Texas

Up until October 15, 2021 any CBD retailers in Texas were able sell high mg Delta-8 products, as it followed in accordance to the 2018 Farm Bill a 2019 Texas state law, House Bill 1325, both of which legalized growing and selling hemp-based products.

Understanding the 2018  Farm Bill is important because it changed the definition of “lawful marijuana extracts” to include any extract that has lower than 0.3% of tetrahydrocannabinol (THC). The grey area of Delta-8 fell into a zone of “legality” because it was not technically tetrahydrocannabinol (THC). This led to a flood of companies and products that contained high mg of Delta-8, marketing it’s a legal THC product available for consumers to consume in the state of Texas. Delta-8 has become a top-selling product because of its ability, users say, to produce the “high” effect of marijuana.

So is Delta-8 really Banned in the state of Texas?

On Oct. 15, the Texas Department of State Health Services published a notice on its website which stated Delta-8 had been listed as a Schedule I drug (anything that is over 0.3% THC), and is therefore illegal.

DSHS said its notice regarding Delta-8’s status in Texas as a controlled drug was to clear up the “confusion” regarding delta-8. Here’s what the department’s site now says:

“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”

From this statement, Delta-8 is considered the same as Delta-9 tetrahydrocannabinol (THC). To comply with the 2018 Farm Bill, any products that are legal to consume in the state of Texas, by law, must be less than 0.3% THC on a dry weight basis. 

Slumber CBN has remained compliant before and after new ruling

Slumber CBN’s founder Richard Barnes says, “When we founded Slumber our goal and objective was to provide a product that would comply with the law, so we could give our customers the highest quality products to help them sleep better, regardless of where they live.”

While Delta-8 may be banned on a state-by-state basis (particularly in states where there is access to Dispensaries), Slumber products contain low levels of Delta-8 (0.3% THC). 

This means if you currently live in the state of Texas and are looking for a compliant product, Slumber may offer the perfect solution.

Slumber Sleep Aid | Try CBN For Sleeping delta 8 gummies and tintcure min

A fan-favorite product, Slumber CBN + Delta 8 Gummies and Tinctures, contains <0.3% Delta-8 THC.


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