There’s news: Delta-8 THC is not legal in the State of Texas. This has swept many consumers and businesses off their feet. The understanding was the 2018 Farm Bill and ensuing 2019 bill in Texas clarified that hemp products were legal for sale. That is, as long as they were under 0.3% Delta-9 THC.
The Texas Department of State Health Services (DSHS) has stepped in to clarify that despite the Farm Bill, ‘all other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances’.
DSHS Bans Delta-8 THC: Our Response
Our owner/founder Kemal Whyte spoke to Austonia.com reporter Laura Figi on the subject. Here’s what he had to say:
“It’s gonna have a massive impact on small businesses—there’s just no way around it,” Whyte said. “The reality is, we don’t want to push out anything bad for our customers, we want this to benefit our customers and to help them. If we can make money while doing it, that’s the American dream. What are we doing, whose benefit is this for?”
What’s Happening Next:
Following the recent statement from DSHS, Hometown Hero, a fellow Austin CBD and Hemp brand, stepped up. They have filed a lawsuit trying to halt the new decision. Unfortunately, the lawsuit was denied, meaning the statements from DSHS stand. Delta-8 THC is being removed from shelves across the state. Most online vendors we know (including ourselves) have paused Delta-8 sales.
There is a chance that Delta-8 THC sales may become possible again in Texas soon. Perhaps as soon as November 5th, which is when further legal action is possible to try to reverse and resolve this situation. Another lawsuit against DSHS? We will wait and update as soon as we hear results from that action.
This isn’t the first time the DSHS has tried to stymie cannabis products, as they attempted to ban smokable hemp products in 2020, but were unsuccessful. There’s hope that this attempt won’t succeed either, although at this point we just don’t know.
To close out his interview, Kemal states that he “isn’t opposed to regulation—far from it—he just wants to see it go through the correct channels”. Certainly, banning something that was helping many without a second thought isn’t the correct channel.
We hope to have a positive update on this situation soon, stay tuned by signing up for our newsletter.
UPDATE: As of 3/14/2022 it is legal to sell Delta-8 THC in Texas. This could change of course, but as things stand Delta-8 products are being sold within the state.