What’s the Deal with Delta-9 THC in Austin?
In the last few months, a creative legal interpretation of cannabis laws has led to an industry-disrupting phenomenon: the sale of Delta-9 THC products at CBD stores in Texas. As a reminder, Delta-9 THC – not to be confused with the less potent Delta-8 THC – is the predominant chemical in marijuana that gets people high.
If you’re like most, you may be wondering, how is this allowed in Texas? What changed?
At Chris Perri Law, a criminal defense law firm based in Austin, Texas, we’ve been asked this question quite a bit recently. Below, we’ll explain everything that you need to know about Delta-9 THC in Texas, including the loophole that’s allowing its legal sale on the Austin market.
It’s worth noting that cannabis policies are constantly changing. This information is accurate as of today, October 13th, 2022, but rules could change, especially with the next Texas legislative session on the horizon. Be sure to pay attention to the most up-to-date news when making choices on what to purchase and consume.
________________________________
How Did We Get Here?
In 2018 and 2019, the federal and Texas government passed laws allowing for hemp to be legally bought, sold, and consumed in our Lone Star State. As of now, the law defines hemp as cannabis that contains 0.3% or less of Delta-9 THC.
These new hemp policies have transformed the Texas cannabis scene, allowing CBD, and later Delta-8 THC, to hit the markets. In fact, you’ve probably noticed a new cannabis shop popping up in your neighborhood nearly every week. That said, Delta-9 THC, the most potent psychoactive chemical in marijuana, has been considered essentially illegal—until now.
Recently, cannabis entrepreneurs and regulatory lawyers have crafted a compelling argument regarding hemp legalization laws, pointing out that 0.3% Delta-9 THC is not the same as zero Delta-9 THC and therefore is legal to sell in stores. So far, Travis County officials have not questioned this interpretation, and Delta-9 THC is currently legally bought and sold across the city. CBD shops in other areas of the state have been more hesitant to introduce Delta-9 THC products to their shelves, since this legal theory hasn’t been tested in the courts.
________________________________
The Delta-9 THC Products Sold in Austin Stores
Currently in Travis County, you can purchase Delta-9 THC cannabis products, such as edibles, as long as the total Delta-9 THC in said products only amounts to 0.3% of the total weight. But is that enough THC to get a person high?
The answer is yes.
Let us explain.
When determining the ratio, the law accounts for the gross weight of the entire product. For instance, if you’re buying pot brownies, all of the chocolate, butter, sugar, and flour are included in the weight – not just the marijuana. Thus, if the amount of THC in the brownie is 0.3% or less of the total weight of the brownie, it’s currently legal in Austin to sell and purchase this intoxicating treat.
Another example: a store can legally inject 10 milligrams of Delta-9 THC into a gummy – which is a standard dose of THC – as long as the gross total weight of that gummy is 3.333 grams or more. If you do the math, this product meets the legal standard of being only 0.3% THC. (Calculation: 10 milligrams divided by .003 equals 3,333 milligrams or 3.333 grams.)
________________________________
Be Careful: Texas Law States that Possessing THC Cannabis Products is a Felony-Level Crime
According to Texas Law, if the Delta-9 THC chemical from the cannabis plant is used as an ingredient in a product and the overall amount of THC in that product is more than 0.3% of its total weight, then possessing that item is a felony. This includes THC oil used for vaping since the oil is way over 0.3% THC by weight.
Having THC products is considered a felony Possession of a Controlled Substance (POCS) crime, which is more severe than Possession of Marijuana. The punishment for POCS can include:
- Prison time
- Steep fines
- The loss of your right to own a gun
- Professional penalties
- And more.
Keep in mind that possessing Delta-9 THC products, even the ones legally purchased in Austin with 0.3% or less THC, may carry some risk outside of Travis County. Because this is all new, untested legal terrain, other counties may still be behind the times and attempt to prosecute you for possessing a controlled substance. In that case, you’d need a skilled and knowledgeable criminal defense lawyer, such as Chris Perri, to argue that you weren’t actually violating the latest Texas law.
________________________________
________________________________
Wait—Is Smoking Weed Still Against the Law?
As counterintuitive as it may be, possessing or consuming regular old pot (aka “flower” or “bud”) remains illegal in Texas. Yes, you can buy a THC-infused soda, but you cannot smoke a joint stuffed with the cannabis plant flowers, unless the plant has been altered to contain less than 0.3% of Delta-9 THC.
Possessing less than four ounces of the cannabis plant is considered a misdemeanor-level crime in Texas. The penalty can include fines, community service, and jail time. If you’re caught with four ounces or more, then you’ll likely be charged with a felony, which is a more serious level of crime.
All that said, Austin has essentially decriminalized small amounts of marijuana, so you likely won’t get in much trouble here if caught with a joint. To be clear, decriminalization is NOT the same as legalization. It just means that Travis County officials rarely choose to prosecute low-level cannabis-related crimes.
________________________________
These Laws are Wacky
Let’s just call it like it is. The cannabis laws in Texas don’t make sense. They don’t follow a coherent logic. You can now get legally stoned on gummies, but if you vape a cartridge of concentrated THC oil, you’re committing a felony. However, if you take the time to understand the loopholes of the policies, you’ll learn that, whether by design or by accident, the laws do in fact allow some Delta-9 THC on the Austin market. If marijuana is your substance of choice, have fun and enjoy responsibly.
As we’ve tried to stress throughout this article, Texas cannabis laws and their interpretations are constantly changing, so be sure to stay informed. There’s nothing quite like the flashing lights of a police car to kill a buzz.
________________________________
If you are facing criminal drug charges in Central Texas, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com today.
