Texas Court Denies Request to Ban Delta 8 THC

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In October of 2021, the Texas Department of State Health Services suddenly and without warning decided to specify Delta-8 THC as a Schedule 1 controlled substance. This new change made it illegal in the state of Texas. 

The DSHS reasoning says “Texas Health and Safety Code Chapter 443 (HSC 443), stabled by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I Controlled Substances.”

This knee-jerk ruling was met with heavy criticism by many Texas-based companies. Some business owners feared it would have a devastating impact on the hemp industry in Texas. Further, it could even have impacts that would be felt across the nation. It didn’t take long at all for some business owners to join forces to fight the new DSHS ruling on Delta-8 THC.

Fast Forward to 2022

Because of their joined efforts, a Texas District judge ruled this past week to remove Delta-8 THC from the state’s list of controlled substances. This particular ruling is only in effect so that the court can take time to determine if the state followed the law to add it in the first place. It is not yet a permanent action.

Even though the injunction is temporary it is still perceived as a win for Texas hemp.

What is Delta-8 THC?

THC is short for tetrahydrocannabinol. THC is the cannabinoid that many people associate with marijuana. The THC that we would normally be talking about is called Delta-9 THC. Delta-9 THC is derived from marijuana. Because it is derived from marijuana, and marijuana contains THC levels of more than 0.3%, Delta-9 THC is not legal.

Delta-8 THC on the other hand is derived from industrial hemp plants. As long as hemp plants don’t contain more than 0.3% Delta-8 THC they are legal under the 2018 Farm Bill. Delta-8 and Delta-9 THC are both THC and are both psychoactive even though they are derived from two different plants.

What Does the Future of Delta-8 THC Look Like in Texas?

At this point, it’s hard to say how it will play out. What does seem clear is that DSHS is going to continue to push for Delta-8 THC to be a controlled substance. DSHS wants to make Delta-8 THC illegal in Texas.

Only time will tell how this plays out in Texas. You can be sure that if DSHS succeeds in banning Delta-8 THC it will have a major impact on many small businesses across the state of Texas. 



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