BRYAN, Texas (KBTX) – The Dallas Morning News reported a woman in North Texas was arrested for having a delta-8 THC vape pen.

Marijuana is still illegal at the federal level in the United States, but options like delta-8, 9 and 10 are sold in shops across the state, including in Bryan and College Station.

Rick Davis of Rick Davis & Associates and a former judge for the 272nd District Court said in 2019, Governor Greg Abbott signed a bill legalizing certain amounts of THC in hemp.

“Hemp manufacturers can sell hemp and other products that contain THC as long as the Delta 9 was .3% or less. Delta 8 was not addressed, delta 10 is not addressed and that sometimes causes a problem,” he clarifies.

But the chemical makeup of delta-8, 9 and 10 is different.

“Let’s just talk about table sugar. It’s a disaccharide. It’s made of 1 molecule, 1 monosaccharide of glucose, 1 monosaccharide of fructose and an isomer is a compound that has the same chemical formula as another molecule, but they’re structured differently. That’s what we have going on with delta 8, delta 9 and delta 10. Delta 9 is considered the psychoactive substance in THC,” he explained.

You can be arrested for having a delta-8 THC vape pen, like the woman in North Texas, but if it tests for a legal amount of THC, it might end differently.

“The problem with delta-8 and delta-9 is an officer is not going to be able to tell the difference.”

 “Hemp manufacturers can sell hemp and other products that contain THC as long as the Delta 9 was .3% or less. Delta 8 was not addressed, delta 10 is not addressed and that sometimes causes a problem.”  Read More  

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