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News And Legislation

Delta-8 THC in Texas- Lawsuit Against DSHS

Texas Hemp retailers are in a scramble as they await word on whether or not they will be able to continue to sell Delta-8 THC products in the State. Delta-8 THC products have been on shelves for some time in Texas. The Farm Bill of 2018 legalized hemp compounds that aren’t Delta-9 THC on a federal level. Subsequent Texas legislature in 2019 confirmed this idea in the State.

Now, however, DSHS or the Department of State Health Services has said otherwise. On Friday Oct. 15th an announcement came on their website that Delta-8 THC products are not legal, and also, never were. According to the DSHS, interpretation of the law has been incorrect. They believe Delta-8 THC products never should have been sold in the State.

In an attempt to stop the DSHS from banning Delta-8 THC products, brands have stepped forward in opposition. Hometown Hero, a local brand that carries many hemp compound products, has filed a lawsuit against the DSHS. This is an attempt to halt their decision at a statewide level. If it holds, it will allow for continued sales of products that have been on the market for years.

Why Keep Delta-8 THC Legal?

Currently, Delta-8 THC products have become hugely popular in Texas for many consumers, some of whom use the products for the benefits they provide for things like stress, sleeplessness, irritability, and more. For many living with chronic conditions who aren’t included in Texas’ very limited medical marijuana program, that means one of the most easily accessible options out there could be about to vanish. Because of this, the decision of whether or not Hometown Hero’s lawsuit will stand is a big one.

Aside from the many, many benefits Delta-8 THC has provided to Texans around the state, there’s the fact that the sales of these products have helped many businesses bloom, and some even get going from the ground level. What this decision could mean for multitudes of small businesses in Texas is alarming.

Here’s The Verdict:

The lawsuit by Hometown Hero against the DSHS was NOT SUCCESSFUL.

The State of Texas has denied their action, meaning that as things stand, Delta-8 THC products are not legal for sale in Texas.

Check out more on the lawsuit in this video from Hometown Hero: https://www.youtube.com/watch?v=E6k1olPlfwo

and information on where things stand now: https://www.youtube.com/watch?v=Utuah3mMtQI&t=19s

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