Delta-10 is a new kid on the block, so not every US state has welcomed it into its community. Those where medical marijuana dominates give it dirty looks, seeing it as a synthetic compound more potent than other THC isomers. Others, like the Lone Star State, are still contemplating whether to bring it into its legal world or banish it forever.

What does that mean? Is it legal for the time being? Can you purchase and use it without getting into legal trouble? Let’s find out.

Is Delta-10 legal in Texas?

The Delta-8 and Delta-10 market in Texas is still unregulated. The state has no specific laws and regulations regarding these THC isomers. However, it doesn’t explicitly ban them either.

That begs the question, is Delta-10 legal in Texas for now ?

The answer is yes, but the keyword is “for now.” All products coming from industrial hemp and containing less than 0.3% Delta-9 THC are federally legal. That puts hemp-derived Delta-10 complying with federal law in legal waters since it contains trace amounts of D9.

However, that might change if Texas introduces new state and local laws and regulations regarding Delta-10 and similar hemp derivatives.

Delta 8 and similar THC isomers were prohibited in Lone Star State, but they were unsuccessful. Legislators attempted to pass House Bill 2593, which would have prohibited any product with more than 0.3% THC or synthetically derived tetrahydrocannabinol.

Hemp-derived products derived from hemp have been fought against by many Texas hemp companies with government institutions for the farm bill to be protected.

However, law enforcement in Texas did not approve the bill, so hemp-derived products can still be purchased without incident.

The Delta 9 THC content of the product must not exceed 0.30 percent of dry weight in order for it to become unlawful, which could lead to some serious consequences…

How is it different from Delta-8 and Delta-9 THC?

Delta-8, Delta-9, and Delta-10 are cannabinoids naturally present in the hemp plant. However, their chemical structure differs from the widely-accepted CBD, making them psychoactive.

Hemp has an abundance of Delta-9 THC, which has intense psychoactive effects and is federally illegal. Delta-8 is a considerably milder THC isomer with trace amounts of D9.

Delta-10 contains even lower D9 levels since it occurs in minuscule amounts in the hemp plant. That makes it less potent than the mild Delta-8, with barely noticeable psychotropic effects.

Why all the fuss about it if it has significantly milder effects than Delta-8? That’s where the science-and-law discrepancy in Texas comes into play.

The federal law and the DEA’s interim final rule

When the US passed the 2018 Farm Bill (the Agriculture Improvement Act), it legalized all products from industrial hemp containing less than 0.3% THC (Delta-9 THC).

CBD came into the spotlight because of the absence of THC and intoxicating effects. Marijuana remained a Schedule I substance under the Controlled Substances Act (CSA) because of its high potential for abuse, among other factors.

Delta-8 stayed legal because of its mild nature, but that wasn’t the case with its younger Delta-10 cousin. Why? Because it sits on the blurry lines between “natural” and “synthetic.”

Scientists extract D8 from industrial hemp growing on federally legal farms. However, doing the same with D10 is challenging because hemp contains it in micro amounts.

Instead, they extract it from hemp-derived CBD, using a chemical synthesis that involves acidic catalysts like hydrochloric acid. The process includes state-of-the-art technology to remove the chemical residue and ensure purity and quality.

However, although Delta-10 is a natural compound, its extraction process is synthetic. That’s what stirs the pot.

The DEA (Drug Enforcement Administration) issued an interim final rule (IFR) in October 2020, stating that “all synthetically derived tetrahydrocannabinol remain Schedule I controlled substances.” Delta-10 is not synthetic, but its production process is. That puts it in a gray area, at least for now.

How to buy Delta-10 THC in Texas?

You can legally purchase, possess, and use Delta-10 products online and in physical stores in Texas. They’re available in Houston, Austin, Dallas, El Paso, San Antonio, Arlington, Lubbock, Fort Worth, Plano, and Corpus Christi.

The Department of State Health Services requires all hemp retailers in the state to register with them. For a retailer’s products and materials to be considered “safe” by law, they must also meet heavy metal quotas and those about pesticides or harmful microorganisms – among other requirements! Furthermore, Delta 9 THC content cannot exceed 0.3%.

This is good news for consumers knowing that retail stores must do more product testing to offer better safety.

DSHS regulations state that Delta 8 and 10 is not controlled substance in Texas and has no legal definition. This essentially makes it legal for purchase and use without a prescription or license.

Always purchase from trusted retailers with a valid license and detailed third-party lab reports. Those COAs (Certificates of Analysis) show every product’s chemical content, including THC levels and potentially harmful residue like heavy metals, pesticides, and herbicides.

Every reliable retailer displays their COAs on the website, so continue your search if you can’t find any. Look for third-party lab reports because they indicate a particular provider has nothing to hide and complies with the laws and regulations.

Check various vendors’ extraction and production process to ensure they don’t cut corners to make cheap, low-quality products. Those typically have rock-bottom prices because of the lack of expensive equipment necessary to create high-quality Delta-10.

Customer reviews are your best friends when choosing a Delta-10 provider. They’ll inform you about different vendors’ product quality, service, prices, shipping policies, etc. They’ll help you choose a reputable one and spend your hard-earned money wisely.


Texas hasn’t introduced state and local laws and regulations regarding Delta-10 THC products; they remain legal under federal law. However, the Lone Star State might do it soon to regulate the market; we can only hope it doesn’t impose bans on D10.

We’re very excited that Texas and its state legislators have taken steps to make cannabis legal on a state level as long the finished product has less than 0.30% D9 THC. This is only the beginning, and hopefully, more states will follow suit soon. But at any given time, all of this can be taken away, so enjoy your consumable hemp products while you can, and maybe one day, it won’t be such an “iffy” subject.

Want to check some of our D10 products? You’ll enjoy our Delta 10 THC gummies (check our guide that breakdown our d10 gummies here) if you are into the little sweeter stuff. Or, if you are on the other end of the spectrum, our earthy-tasting Delta 10 Oil Tincture mixed with Full Spectrum CBD oil might be of preference as you’ll get a wide range of cannabinoids.

Still, even if Texas doesn’t prohibit Delta-10 products, the DEA’s interim final rule might have the final say. The federal law enforcement agency could list D10 as a Schedule I controlled substance due to its semi-synthetic nature. Enjoy Delta-10 products (while you still can) because the DEA might pull them from the shelves anytime. Of course, it’s not all doom and gloom, so let’s end on a high note: Delta-10 is a natural compound. There’s still hope for it to join its legal friends and avoid banishment.


Please enter your comment!
Please enter your name here