Don’t know about you, but many in Texas are excited about new and emerging cannabinoid products in the cannabis market. One of these promising products is Delta-8 THC. However, the chief concern of the legality of this substance within the legal confines of the state remains shrouded in mystery due to the ever-changing landscape of the rules and regulations. For most cannabis users, such products should be legal everywhere. However, since it’s currently the age of misinformation, we spent a lot of time trying to make sense of the Delta-8 situation.
So continue reading to learn the details of the latest development on the legal status of Delta8 THC in Texas.
A Breath of Relief
The Texas marijuana sector can momentarily sigh with relief. For the time being, Delta-8 THC, a cannabinoid derived from hemp that is becoming more and more popular and has effects resembling those of Delta-9 THC, has been taken off Texas’s list of Schedule I-banned narcotics. This means you can now buy Delta 8 in Texas without any worries. But there’s more to this change in tide.
Court Rulings
Austin-based Hometown Hero, a CBD dispensary, filed a lawsuit against the Texas Department of State Health Services (DSHS), alleging that the latter violated the Texas Administrative Procedures Act’s (APA) requirements for rulemaking when it updated a note on its website designating Delta-8 as a Schedule I controlled substance. Hometown Hero requested a temporary injunction, which Judge Jan Soifer granted on November 7, 2021. This effectively strips Delta-8 from Texas’ Schedule I list while Judge Soifer determines if to render the temporary injunction lasting.
Furthermore, this prevents Texas from prosecuting the owners of companies that manufacture or sell Delta-8 items or conducting enforcement action against them. The court found that Hometown Hero might suffer “imminent and irreparable injury” if the injunction was not granted, including brand loss, reputational harm, and market share decline. Notably, the court acknowledged the risk of immediate and irreversible damage to Delta-8 consumers, clarifying that “individual buyers all through Texas” may be left without an “effective treatment” for “insomnia, stress, anxiety, depression, nausea, migraines, appetite loss, and chronic pain,” if Delta-8 is not available.
These customers “may be driven to seek more harmful options, such opiates or street medications,” in the absence of a temporary injunction that authorizes the continuous sale of Delta-8 products. According to the explanation provided by the court, the temporary injunction “helps sustain the status quo that existed before DSHS’s APA violations and ultra vires conduct.”
The Road to Legality
Although Judge Soifer has offered advocates of Delta-8 some hope, the path to legality for Delta-8 has been difficult, both at the state and federal levels. Federally, “hemp” (defined as cannabis with less than.3% Delta-9 THC) and its derivatives are now legal thanks to the 2018 Farm Bill. After the Farm Bill was passed, the availability of CBD isolates made from hemp exploded, which resulted in a sharp price decline. This abundance of inexpensive isolation was utilized by numerous businesses to produce Delta-8 items.
The Farm Bill allows for goods derived from hemp that have less than 0.3% Delta-9 THC, according to Delta-8’s supporters. The statutory text supports this claim. The demand for Delta-8 products immediately rose. But this got the attention of state and federal authorities. In several updates and advisory letters, the federal Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) have questioned the safety of Delta-8 and the legality of products containing it. A few states swiftly followed suit; more than a dozen have individually restricted or outlawed the sale of Delta-8.
It’s Not Over Yet
Suppose the recent decision in Texas has taught us anything. In that case, it shows the debate over the ruling of Delta-8 will continue to fuel litigation that sets the business community against the government and regulatory bodies. While not absent some risk, Delta-8 will continue to present a highly lucrative business potential in states where marijuana and the substance are still illegal.
The landscape in the cannabis market, however, is constantly changing. While states have become savvier in their attempts to outlaw Delta-8, this Texas lawsuit offers a general framework for potential future disputes surrounding such efforts. All Delta-8 users and consumers of other cannabis products should keep an eye on the Texas lawsuit and the nationwide challenges to Delta-8 and other updates.
Key Takeaways
To conclude, Delta-8 THC is NOT legal in Texas. The regulations passed by the Texas Health Department explicitly forbid Delta-8 THC from being sold and are even included in the list of controlled substances. But you can use synthetic THC products legally as long as they don’t contain 0.03% or more Delta-9 THC.
So, Delta-8 THC is legally permissible in Texas! However, there are provisions where the state does have the right to prosecute for its possession and use. For example, you may be arrested if caught driving under the influence of Delta-8 THC. This is the same punishment as driving under the influence of alcohol now.