Delta-8 THC Stays Legal in Texas For Now

Good news! Delta-8 THC will remain legal in the state of Texas following a recent ruling in a state court of appeals.The ruling by the 3rd Court of Appeals will allow businesses to continue selling Delta-8, well, at least for now.

If you're not familiar with Delta-8, allow me to explain. I first discovered delta-8 a few years ago- and quickly became a fan. Delta-8 THC is a cannabinoid found in the hemp plant. In 2019, Gov. Abbott signed Texas House Bill 1325, which made the sale of delta-8 legal in Texas.

The bill made hemp and “and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis,” legal.

So, while it's not marijuana, it is a naturally produced substance from the cannabis plant and, when concentrated, can give a similar high to marijuana, making it very popular in states where marijuana isn't legal.

But that changed in 2021 when suddenly the Texas Department of State Health Services made it illegal stating that delta-8 and other THC isomers were Schedule 1 controlled substances. Very quickly, a company named Hometown Hero CBD filed an emergency motion. In November of 2021, they were able to get an injunction, and up until last week, on September 28, when a the court ruled in favor of Hometown Hero CBD.

The company told the Dallas Observer:

Not only does this ruling help save an $8 billion industry, and thousands of jobs, but it also gives adult consumers and veterans continued access to hemp-based cannabis products that have become vital to their everyday lives.

So for now, puff away!