Does delta-8 show up on a drug test? Yes! Now that delta-8 is legal in Texas, and the restrictions on traditional delta-9 THC remain as strong as ever, many people are switching to using delta-8 products. However, these products still carry many of the same risks as traditional marijuana.

But what if you’ve got a job interview coming up, get drug tested for work, or are on probation? If the substance is legal does that mean that it’s fair play? In almost all situations, if using delta-9 THC would be a violation for your employer or parole officer., then using delta-8 would be too. Even though the laws have changed, drug tests haven’t, and most commonly used drug tests can’t tell the difference between delta-8 and delta-9. 

We understand that this is uncharted territory, on a subject in which the answers are currently changing every day. Why will delta-8 make you test positive on a drug test, and for how long? Mark Thiessen, an ACS-CHAL Forensic Lawyer Scientist and criminal law expert, is here to give you answers.

Is delta-8 legal in Texas?

Legislative changes have seen shelves all around the city fill with cannabis adjacent products that are legally for sale, yet weed is still public enemy number one in Texas. The complex landscape of marijuana, cannabis, and hemp has many folks scratching their heads and wondering “is weed legal in Houston now?

The answer is no, and delta-8 isn’t exactly 100% legal either. Delta-8 THC is currently legal because of a successfully filed injunction against the Texas Department of State Health’s (DSHS) ban on the substance. So the DSHS successfully banned delta-8 and the courts granted a temporary injunction on that ban.

Where does this leave delta-8? In a tenuous position, certainly, but delta-8 products are temporarily legal to buy and sell in Texas. 

Why will delta-8 make you test positive on a drug test?

Drug tests don’t test you for delta-9 THC specifically, they test for THC metabolites. Metabolites are created when your body breaks down any substance, and stick around in your body long after the substance itself is gone. This is why both delta-8 and delta-9 THC use is detectable for weeks after you’ve stopped using it. 

Although the products are legally distinct, delta-9 in Texas is still illegal and delta-8 is currently legal, the two substances have very similar chemical structures, and their metabolites will show up all the same. The more that you use delta-8 or delta-9 THC, the higher your concentration of THC metabolites will be, and the higher your chances are of testing positive on a drug test. 

Continue reading: Does CBD show up on drug tests?

How long after delta-8 can you pass a drug test?

That depends on the type of drug test being administered, your metabolism, and the frequency of your THC use. Delta-8 products are understood to be detectable for similar periods of time as those seen with regular old delta-9 THC.

Test typeDetection after single useDetection after chronic use
UrineUp to 3 daysUp to 30 days
HairUp to 90 daysUp to 90 days
SalivaUp to 24 hoursUp to 72 hours
BloodUp to 12 hoursUp to 30 days

Urine and hair tests are the most common ways to test for THC. Urine tests are less expensive but less accurate and are the go-to for most employers and many government agencies. 

Can you get delta-8 out of your system fast?

You might have seen someone online claiming a miracle detox, pushing delta-8 or delta-9 THC out of your system through either a jolt in metabolism or supplement use, in order to pass a drug test. 

Unfortunately, there is no research that indicates that you can cheat the system here. Drink all the water, cranberry juice, and fruit pectin you want, you’ll still be at risk of that drug test picking up those metabolized THC molecules. Taking unknown supplements and pushing your body to metabolize those molecules at an unnatural rate can also be dangerous, so we recommend taking alternative routes to deal with the headaches of a failed drug test. Depending on why you were being drug tested, it may be worth consulting with a lawyer about your options. 

Consequences for getting caught with delta-8 in Texas

You don’t want to be caught with delta-8 in Texas, despite the substance’s current legality. Getting caught with a gram of delta-8 can have the same consequences as getting caught with a gram of weed in Texas. Why? Police can’t tell the difference. 

The technology used by law enforcement agencies to test drugs cannot, with any accuracy, tell the difference between delta-8 and delta-9, either in products or flower. The similar chemical structures that cause them to appear on the same drug tests also make them virtually impossible to distinguish between without cutting-edge chromatography and mass spectrometry equipment — and if the guys in the lab can’t tell the difference, you can bet that traffic cops can’t either. 

We have two substances that are almost identical, one is legally bought and sold in storefronts all over town and the other can still land you in jail. Ridiculous? Certainly. What can you do about it? You can get an ACS-CHAL Forensic Lawyer-Scientist like Mark Thiessen on your side.

Does delta-8 show up on a drug test? Yes. Can you fight it? Yes!

Whether you failed a drug test or were arrested for possession of a perfectly legal substance, the wild world of delta-8 isn’t always fair. Employers and law enforcement agencies not only don’t know what to make of delta-8, but they also can’t often tell the difference between delta-8 and a bag of lawn clippings. 

If you want to even the playing field you need someone who knows the law and the science behind cannabis sales and arrests. You need a lawyer like Mark Thiessen. Mark is a criminal law expert, recognized by the Chemistry and the Law Division of the American Chemical Society for his knowledge of science in the name of justice. Seek justice through science today by calling Thiessen Law Firm at (713) 864-9000 or contacting us online today for a free consultation. 

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Thiessen Law Firm

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.