From Farm Bill to Texas Law: Understanding the Legality of Delta 8 and Delta 9

There has been a significant increase in the availability of cannabis products in Texas in recent years, with Delta 8 being the most popular among them. However, there are other types of cannabinoids available, such as Delta 10 and Delta 9 hemp derived. In this article, we will explain the reasons behind this trend and provide you with important information about these various cannabinoids.

The Law

The 2018 Federal Farm Bill, also known as the Agricultural Improvement Act of 2018, was a major piece of legislation that legalized hemp on the federal level in the United States. Hemp is a type of cannabis plant that is used for a variety of purposes, including the production of CBD oil and other cannabinoid products. The Farm Bill defined legal hemp as cannabis with a delta-9 THC content of 0.3% or less.

In Texas, the legalization of hemp was further supported by the passage of Texas House Bill 1325 in 2019. This bill legalized the cultivation, processing, and sale of hemp and hemp-derived products in the state. It also established a hemp program within the Texas Department of Agriculture, which is responsible for regulating the production and sale of hemp and hemp-derived products in the state.

These pieces of legislation have created new opportunities for farmers, processors, and businesses in the hemp industry, and have made it possible for consumers to access a wide range of hemp and hemp-derived products.

Delta 9 vs Delta 9 Hemp Derived

Delta-9 THC, also known as delta-9-tetrahydrocannabinol, is a psychoactive cannabinoid found in the cannabis plant. It is the primary psychoactive compound in cannabis and is responsible for the plant’s psychoactive effects. Delta-9 THC is commonly used for its recreational and medicinal effects, which can include euphoria, relaxation, and pain relief. When you think of marijuana, delta 9 is what you’re thinking of. 

Delta-9 THC is one of the most well-studied and understood cannabinoids, and it is the target of many drug tests and regulations. Delta-9 THC can be consumed in a variety of ways, including smoking, vaporizing, and consuming edibles. The effects of delta-9 THC can vary depending on the individual, the dose, and the method of consumption.

Although Delta-9 THC is illegal in Texas, because it can be derived from hemp, which is a type of cannabis plant that is used for a variety of purposes, it is able to be sold here. Hemp is defined as cannabis with a delta-9 THC content of 0.3% or less.

Delta 8

Delta-8 THC, also known as delta-8-tetrahydrocannabinol, is a cannabinoid found in the cannabis plant. It is a less common cannabinoid compared to delta-9 THC, which is the primary psychoactive cannabinoid in cannabis. Delta-8 THC is believed to have a lower psychoactive potency than delta-9 THC, and it is thought to produce a more mellow and relaxing effect.

Delta-8 THC is found in small amounts in the cannabis plant and is typically present at a lower concentration than delta-9 THC. It can be extracted from the plant and used to produce a variety of products, including tinctures, oils, and edibles. At Brave Botanicals we carry powerful gummies  that taste amazing. 

Delta-8 THC is believed to have a number of potential medicinal benefits, including the ability to reduce anxiety, improve appetite, and provide pain relief. It is also thought to have anti-inflammatory and neuroprotective effects.

Delta 10

Although we do not carry Delta-10 at Brave Botanicals, we thought it would be worth mentioning its effects. 

Delta-10, also known as Delta-10 THC, is a rare and potent form of THC (tetrahydrocannabinol), the psychoactive compound found in the cannabis plant. It is one of several delta-9 THC isomers, which are different chemical structures that have the same molecular formula but differ in the arrangement of their atoms. Delta-10 THC is believed to have similar effects to delta-9 THC, the main psychoactive compound found in cannabis, but it may be slightly less potent and produce a different set of effects. Some people claim that delta-10 THC provides a more mellow and relaxing high, while others report more intense and stimulating effects. However, there is limited scientific research on the effects of delta-10 THC, and more research is needed to fully understand its potential benefits and risks. 


The field of science is constantly expanding our understanding of cannabis and its potential benefits. This development is exciting because it provides more options for individuals who are dealing with issues such as pain, sleep, and anxiety. It is not right that plant medicine should be illegal. Every person should have the freedom to make their own choices about what they consume.

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