Legal and Regs

What Is The Status Of Delta-8 In Texas?

Written by Colby McCoy

Much like cannabidiol (CBD), Delta-8 tetrahydrocannabinol (THC) has exploded in popularity among consumers in states across the union. With increasing popularity comes heightened attention from authorities, however, as Delta-8 has developed a reputation for its ability to get you high, making it all-the-more exciting to millions of people.

As a result of this boom, state legislatures across the country have set their sights on Delta-8, proposing legislation to redefine the cannabinoid and thereby placing it under the auspices of regulatory officials or banning it altogether.

Delta-8 Magazine has previously reported on this trend taking legislative chambers by storm, with bans in at least 13 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont. A recent example being New York, after lawmakers urged the state’s health commissioner to regulate Delta-8 products due to the risk they pose to children.

In other states Illinois, a Delta-8 provision was avoided simply because of the calendar as legislatures failed to pass anything before the end of the legislative session, Hemp Grower reported. Another state with a potential Delta-8 provision that failed to pass before the end of the session was Texas. The bill, H.B. 3948, had multiple interpretations claiming that it targeted Delta-8 THC products.

Pro-cannabis organizations rejoiced at news of the bill’s failure to pass with the provisions, but noted that Delta-8’s future is far from certain, according to Texas Marijuana Policy. The organization concluded that Delta-8’s future is uncertain in Texas, saying “It’s unclear how the State of Texas will proceed.” In particular, Delta-8 derived from hemp is reportedly still being viewed as an illegal substance in the eyes of state authorities.

Other groups to rejoice the bill’s failure to pass include Texas-based Delta-8 and CBD manufacturer Hometown Hero, which actively fought against the legislation.

“I apologize that we were not more public with our strategy, but because of the nature of politics, it was best that we stayed quiet about our efforts. It turns out we needed a lot of money and key players to make this happen as there were groups fighting to make Delta-8 illegal,” Lukas Gilkey, CEO of Hometown Hero, said in a press release. “Despite being a very young industry, we proved that the Delta-8 industry is capable of fighting overreaching and unnecessary cannabis regulation.”

Other market players are looking to act on the bill’s defeat, including Neutra Corp, a producer of cutting-edge technologies in multiple sectors ranging from nutraceuticals to environmental purification, which announced plans to include Delta-8 in its future products.

“Retail stores have expressed a lot of interest and pent-up demand in the marketplace for products containing Delta-8 THC, so we’re quite relieved this proposed bill failed to go anywhere in the state legislature,” company CEO Sydney Jim said. “We expect Delta-8 to be a great compliment to our CBD manufacturing line and will big contributor to our overall revenue stream in short fashion.”

Photo courtesy of Unsplash

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Colby McCoy

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