Legal and Regs

Delta 8’s Win in Texas still doesn’t secure their future in the market

Written by Tishita Tyagi

In recent news, the Texas cannabis industry celebrates as Delta- 8 THC is made legal and has now been removed from the list of controlled substances for now. Judge Jan Soifer grants an injunction against the Texas Department of State Health Services and ruled that Delta 8 is in fact not an illegal controlled substance. A popular cannabis extract, Delta 8 was suddenly made illegal in the state of Texas but it was believed by people that it was not illegal. Many consumers and sellers were unaware of the fact until the state health department issued a clarification to work through the confusion.

After this news, many business owners lived in the fear of going to jail for possession and sale while also being worried about their business needs. After this, industry leaders fought back and said that the importance of products is bigger than the department of health as these products help many people with mental health issues like—anxiety and depression and other treatments related to insomnia, migraines, and chronic pains, etc.

After this debacle, a suit was filed against the Texas Department of State Health Services (DSHS) which stated that the department failed to follow the Texas Administrative Procedure’s Act (APA) while classifying Delta-8 as a controlled substance under Schedule I.

Judge Jan Soifer granted the request for a temporary injunction on November 7, 2021. This decision will be upheld until Judge’s final decision as to whether Delta-8 should receive a permanent injunction. This temporary injunction helps all the sellers to continue the production of Delta- 8 products without the fear of getting arrested or any interference from the state government.

Even though it is good news for all the Delta-8 supporters out there, there is a lot of confusion about Delta-8’s legal standing on a federal and state level. While it is not certain yet, this case is certainly going to help people who consume products for their health and the industry will remain profitable in the foreseeable future.

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Tishita Tyagi

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