What is Delta 8 THC and why is it considered ‘legal weed’ in Texas?

A lush green plant is causing a stir in Texas as the cannabis industry is booming despite federal and state laws banning marijuana.

SEE RELATED STORY: Texas Medical Cannabis Program Could Expand Under House Approved Bill

The 2018 Farm Bill legalized hemp plants that contain extremely low levels of the psychoactive compound Delta 9 THC.

This is the THC that is usually found in the pot and gives great value to the user.

Entrepreneurs are now extracting any desired compound from the hemp plants and have limited themselves to Delta 8 THC.

They use it to make products such as food, tinctures, and tobacco products.

Delta 8 THC is not as strong as Delta 9 THC.

You will likely find Delta 8 products in stores in the greater Houston area, such as HydroShack Hydroponics on West 20th Street in The Heights, which sells Oilwell cannabis products.

“The demand is like this,” said Chris Powers, owner of HydroShack Hydroponics, as he gestured that his arm showed an upward moving graphic. “People are grateful that we’re here and that we’re selling it. Very grateful. That’s the feeling I get.”

Oilwell’s Colin Valencia said the products offer therapeutic benefits at affordable prices. Valencia was unfazed by his enthusiasm for her. He gave a pretty clear explanation of how some might use Delta 8.

“Why would anyone want to smoke this?” asked ABC13 reporter Steve Campion.

“I don’t give a sh ** if it’s wrong to say you get off it,” Valencia said. “Maybe you want to go high.”

Dr. Michael Weaver, an addiction specialist at UTHealth and UT Doctors, said Delta 8 is chemically close to Delta 9 so he would expect similar effects on the human body.

The long-term effects of using the products are still unknown, according to Weaver.

“Delta 8 wasn’t looked at so we just don’t know. We’re collecting data now. The more people use it, the more information we’ll have. You probably don’t want to be a Guinea pig yet,” he said. “We know Delta 9 THC becomes a habit. Delta 8 THC likely has this trait, too. If you use it, you may find it harder to quit than you thought.”

ABC13 then asked him if he would advise anyone to take it.

“I think there isn’t enough information to say it’s a good thing to try,” said Weaver. “The surest thing I can say is that we don’t know enough about it to make a recommendation. Don’t try until we know more.”

Experts said using Delta 8 THC is likely to result in failed drug tests for employees.

Heather Fazio of Texans for Responsible Marijuana Policy told ABC13 that some lawmakers are already planning to ban Delta 8 products in the state.

WATCH: Pot cases down, confusion up after changing the pot law

She said the conversation should be about regulation, not prohibition.

“We’re seeing the market innovate. Entrepreneurs are getting creative with the way they can comply with the law and still get their customers the product they want,” said Fazio. “What we see here is simply the result of supply and demand. We know there is a demand for cannabis products in the state of Texas. Unfortunately, our state continues to deprive legitimate business owners of the ability to sell these products in a regulated manner to products that have been tested and are marked accordingly. “

The Drug Enforcement Administration released the following statement to Eyewitness News when asked to comment on Delta 8’s legality.

The Agency responded with the following statement but did not address specific questions.

Delta 8 THC was temporarily added to the Controlled Substances List in August 2020 pending final ruling. As the DEA is currently in the regulatory process to implement the 2018 Agriculture Improvement Act, which includes the scope of government controls on marijuana, tetrahydrocannabinols, and other marijuana-related ingredients, we cannot comment on any implications for the legality of tetrahydrocannabinols, including Delta 8 until the process is complete. We are in the process of reviewing thousands of comments and are not speculating about what might happen as a result.

Follow Steve Campion on Facebook, Twitter and Instagram.

Copyright © 2021 KTRK-TV. All rights reserved.