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Guide to Virginia Delta Cannabinoid and Texas Smokable Hemp Laws

Consumers traveling or moving to Virginia and Texas may wonder about these two US states’ cannabis rules. Those going to the Old Dominion may wonder if offerings containing Delta-8 Tetrahydrocannabinol or THC, Delta-9 THC, and Delta-10 THC are legal there. These cannabis users may need enlightenment, considering that products with THC are not permitted in all 50 states of the United States.

Furthermore, consumers heading to Texas for travel or relocation may wonder if this US state is friendly to businesses producing smokable hemp products. This online discussion educates the readers regarding the disparities between Delta-8 THC, Delta-9 THC, and Delta-10 THC.

It answers queries about whether or not these three chemical compounds or cannabinoids are legal in the US state of Virginia. Readers will also learn about Texas’s rule on the manufacture of smokable hemp products.

A) Discovering the Natures of Delta-8 THC, Delta-9 THC, and Delta-10 THC

Cannabis product users will discover that the hemp plant is quite complex. This cannabis plant type has over 113 extractable chemical compounds known as cannabinoids. Tetrahydrocannabinol is among the common cannabinoid of cannabis plants, the other being cannabidiol or CBD. Delta-8 THC and Delta-9 THC have Delta-10 as their isomer.

These three isomers share similar chemical formulas. Delta-8 THC has a chemical bond on the eighth carbon chain, Delta-9 THC on the ninth, and Delta-10 on the tenth. Nevertheless, these three isomers have their molecular arrangements as their primary differences.

Hence, Delta-8 THC, Delta-9 THC, and Delta-10 THC’s properties and potency vary. Delta-8 THC is a mild, mellow, and soothing cannabinoid. Meanwhile, Delta-9 THC is generally safe, and products like edibles induce feelings of relaxation, euphoria, calmness, and laughter. As for Delta-10 THC’s effects, it is also a mildly intoxicating cannabinoid like Delta-8 THC.

However, users who consumed hemp cannabinoid Delta-10 THC as gummies, distillates, vape cartridge oil, and tinctures reported effects that are somewhere between Delta-9 THC and cannabidiol or CBD. Delta-10 THC offers an alternate kind of “high” many users appreciate. With features resembling the cannabis sativa strains, Delta-10 THC produces energetic and uplifting feelings, making it ideal for daytime consumption.

B) Historical Overview of Cannabis Laws in Virginia

Virginia state law does not actually recognize hemp-derived Delta-8 THC, Delta-9 THC, and Delta-10 THC products as illegal. It goes back to the passage of House Bill 1839 in 2019 that distinguished marijuana and hemp cannabis plants. This important legislative piece legalized hemp farming and cultivation.

Additionally, under House Bill 1839, cannabis users in Virginia can utilize, possess, sell, distribute, and produce products with hemp-derived chemical compounds or cannabinoids, which today’s consumers know as Delta-8 THC, Delta-9 THC, and Delta-10 THC.

Virginia’s Drug Control Act included amendments, adding specific meanings of hemp and marijuana in 2020. Section 54.1-3401 defines hemp as separate from marijuana under Virginia state law. Similarly, Section 54.1-3446 essentially eliminates all hemp-derived tetrahydrocannabinols or THCs from its Schedule I controlled substances list.

Virginia has also updated its Controlled Substances Act and omitted hemp and hemp-derived THCs from its illegal substances list. Therefore, Virginia state law does not recognize hemp-derived Delta-8 THC, Delta-9 THC, and Delta-10 THC as unlawful substances.

It is also worth noting that medical and recreational marijuana are legal in Virginia. Patients with a qualifying condition or disease have been legitimate to consume medical marijuana since the passage of Senate Bill 976 in 2020.

Virginia’s General Assembly and Governor Ralph Shearer Northam passed Senate Bill 1406 and House Bill 2312 in April 2021 that eliminated criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years old or older.

These users may possess not more than one ounce of cannabis for personal use and utilize the marijuana in private residences. On the other hand, Virginia prohibits people from possessing over one ounce of marijuana.

It is also illegal for individuals in this US state to sell and distribute any amount of marijuana. This rule applies equally to commercial establishments. These businesses are not allowed sell, gift, or, in any other way, distribute marijuana. Since July 1, 2021, the US state of Virginia has legalized adult-use cannabis.

It became the first-ever Southern US state to decriminalize weed usage. That date is when Virginia legalized recreational marijuana with some limitations. Cannabis users in the US state are only allowed to use, possess, and share up to an ounce of weed and grow four plants at home.

C) Legality of the Delta Cannabinoids in Virginia

More than a dozen US states have expressly prohibited or are presently in the process of restricting products with Delta-8 THC, Delta-9 THC, and Delta-10 THC. Users will discover that these cannabinoids are not legal in all 50 US states.

Nevertheless, cannabis product consumers can rejoice upon learning that it is legal to buy products with hemp-derived Delta-8 THC, Delta-9 THC, and Delta-10 THC content in Virginia. This US state legalized hemp on March 21, 2019, in line with the 2018 Agricultural Improvement Act, also known as the Farm Bill.

The latter federally decriminalized the production of hemp, which must not contain over 0.3 percent THC. Hence, all cannabinoids and products derived from the hemp plant, including cannabidiol or CBD, Delta-8 THC, Delta-9 THC, and novel hemp cannabinoid Delta-10 THC, are federally legal.

D) Texas’s Prohibition on Manufacturing Smokable Hemp Products

Consumers moving or traveling to Texas may wonder about this US state’s laws on cannabis. They must learn about this region’s rules on hemp-based products. If offerings with Delta-8 THC, Delta-9 THC, and Delta-10 THC are federally legal in Virginia, Texas has a different regulation relating to the manufacturing of smokable hemp products.

Consumers will discover that Texas’s bill directed this US state’s human and health services commissioner to adopt a regulation effective August 2020. This rule bans the manufacture, distribution, processing, and retail sale of consumable hemp products for smoking. Many companies consequently filed lawsuits against Texas regarding this prohibition.

Moreover, a state district judge in Austin issued a last judgment in November 2021 following blocking the law with an injunction. The lawyer declared Texas’s bill unconstitutional and barred the enforcement of the regulation prohibiting smokable hemp products’ sale and production.

The US state appealed to its Supreme Court, which heard contention last March 2022. Texas’s attorney argued this US state’s ban is justified because of its interest in preventing its people from suffering health problems smoke inhalation causes.

Based on the June 24, 2022 report posted on Courthousenews.com, the Supreme Court of Texas rendered the judgment for the US state, reversing the trial court’s determination that the prohibition is unconstitutional.

It sided with the state in a unanimous decision. This online discussion enlightened readers about using cannabis products in Virginia like those with Delta-8 THC, Delta-9 THC, and Delta-10 THC content and manufacturing smokable hemp offerings in Texas.

These users should keep these important details in mind to prevent themselves from getting into unnecessary trouble when basing themselves in Virginia or Texas.

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