Delta-8 THC and Traffic Stops: What to Know Under New Laws

Effective July 31, 2023, a significant shift in Texas cannabis regulation has come to fruition, particularly regarding cannabinoids like delta-8 THC, delta-10 THC, and THCP. This development follows an extensive legal struggle over the state’s hemp laws, culminating in the prohibition of these substances. A media source reports that the ramifications for individuals found in possession of these cannabinoids are directly tied to the quantities involved.

Authorities in Austin have indicated that penalties are proportionate to the amount of delta-8 THC discovered during a traffic stop. Possession of less than a gram will result in a state jail felony, whereas individuals with between one and four grams may face a third-degree felony. Additional escalation in penalties follows, with possession of four to 400 grams leading to a second-degree felony, and anything above 400 grams equating to a first-degree felony.

The status of THCA, another cannabinoid, poses additional complexities. Individuals in possession of this compound in its natural plant form could incur charges comparable to those under Texas marijuana possession laws. In contrast, concentrated forms or extracts would categorize it as a controlled substance, inviting stricter penalties.

Moreover, the Travis County Sheriff’s Office has made clear that the enforcement of these laws will vary based on the discretion of individual deputies. Officers are equipped with test kits designed to ascertain whether a substance contains more than 0.3% THC, the legal threshold for hemp products derived from delta-9 THC.

This regulatory modification follows a ruling by the Texas Supreme Court on May 1, 2023, which reinforced the authority of the Texas Department of State Health Services to implement new definitions of “tetrahydrocannabinols” and “marijuana extract.” These updates were formalized in the July edition of the Texas Register and subsequently took effect at the end of July.

The evolving landscape surrounding cannabis regulation in Texas highlights both the challenges and implications for consumers and law enforcement alike as the state navigates this complex issue.

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