The Lone Star State Wants Its Delta 8

Written by Derek Johnson

Texas is currently in a heated legal battle centered on delta 8 tetrahydrocannabinol (D8). D8 is a cannabinoid produced through the manipulation of cannabidiol (CBD) through isomerization. As of a few years ago, D8 was almost unheard of. However, it is now one of the most popular cannabis substances in the US marketplace.

That said, its legality has been the subject of many debates, seeing  the cannabinoid was not mentioned specifically in any federal or state legislation when it first appeared on the scene. Now that it’s here, states are approaching it in their own way, with many outright outlawing it.

Initially, CBD operations in Texas sold D8 products  openly and freely, believing them to be covered under the 2018 Farm Bill and the 2019 Texas House Bill 1325, both of which legalized the sale of hemp and its derivatives. However, according to the Texas Department of State Health Services (DSHS), D8 should not sold in Texas because the state hemp law did not contemplate its manufacture or sale.

In line with this reasoning, the DSHS outlawed D8 by classifying it as a Schedule I drug. A Schedule I drug is a drug that has no safe, accepted medical use, such as heroin and crack. The DSHS classification was challenged by Hometown Hero, a CBD dispensary located in Austin. The business asked a Travis County judge for an injunction against the DSHS ruling, arguing that the DSHS didn’t follow the state’s rule-making regulations, that the online notice did not give adequate notice to retailers to prevent them from engaging in felonious activities.

State district court Judge Jan Soifer agreed with Hometown Hero and granted an injunction against the DSHS ruling. The DSHS is expected to appeal immediately. Until then, D8 products continue to flow in the Texas marketplace.


Image Source:

About the author

Derek Johnson

Leave a Comment