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Let’s Talk Delta-8 State Legality: Texas

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Let’s Talk Delta-8 State Legality: Texas

They say everything is bigger in Texas. The good news is they cannot be talking about Delta-8 THC. When it comes to those opposed to Delta-8 THC, I can tell you that they are sorely disappointed right now. After a surreal chain of events that recently occurred, Texas is in a situation where no one seems to have a definitive answer whether Delta-8 THC is legal or illegal in the state. I can only picture people looking quizzical in a courtroom, waiting for an answer. But the problem is that there is an answer—you can look at the “ye ole” Farm Bill of 2018.

This dust bowl of utter confusion began with Texas Health officials stating that THC is a schedule 1 drug and has been for 40+ years. But their general idea and stems from traditional marijuana laws, which is Delta-9 THC. Delta-8 THC is nowhere to be found in the law. So it seems that they’ve gotten their THC’s mixed up. But The Department of State Health Services carried on with this, making delta-8 an illegal drug. It seems like you’d see the domino effect of shops closing down themselves and that they’d strive to continue the fight in the courts, right? No, because they couldn’t. Law enforcement did not notify them that Delta-8 THC was added to the Schedule 1 Controlled Substances.

Nothing indicated this was a new rollout of the law; nothing. When shop owners inquired with the DSHS agency, they were told it was illegal. Some shops were even shut down by local law enforcement. This information was presented in court. The court ruled in favor of the defendants, temporarily lifting the ban of Delta-8 THC following a countersuit by the Delta-8 Retailer “Hometown Hero” and a state hemp processing facility. The shop has an appropriate name for such a feat. “THC” refers to the only THC the law has known, traditional delta-9 THC. The categorization is too broad when you have alternate cannabinoids.

While most states have passed laws legalizing medical or recreational marijuana, the Texas Department of State Health Services still classifies Delta-8 as a Schedule I drug. Despite this state’s classification, the court ruled that the government did not comply with the requirements of federal lawmaking, citing a “lack of transparency.” The decision also implies that a ban on this product would be counterproductive, as it does not provide an alternative treatment for anxiety, insomnia, or other disorders. Low THC Oils aren’t enough. The 87th Legislative Session in Texas began on January 12th, 2021, concluding on May 31st, 2021. The passage of House Bill 1535 expanded medical cannabis to low-level THC oils for patients with a rare diagnosis. In November, Texas approved to further their stance on medical marijuana by allowing the THC level of 0.5% to be increased to 1%. It’s progress.

The Texas Department of State Health Services, which is responsible for regulating the sale of THC in the state, has not yet approved any product that contains Delta-8 THC nor any of its derivatives. While the state denies the lawsuit’s argument, it does not ban the product’s sale. The ruling maintains the status quo, meaning that Delta 8 THC is legal in Texas. However, it does not affect the product’s sale, which means that consumers can continue to purchase it. The drug is legal in Texas does not mean that its products are entirely illegal. They are still being sold online. The Texas State Health Services, on the other hand, has stated that the substance is illegal in the state. Until recently, Delta 8 was a federally recognized controlled substance. Despite the legality of delta 8 in Texas, the Texas Hemp Federation and the DSHS believe that it is still illegal. It does not require a license from local retailers. It is a good sign that the FDA is not yet ready to legalize the products. The legal status of Delta-8 THC in Texas is in doubt. But while the industry is still illegal, the industry remains. It is being sold, and no one has been arrested.