Delta 8 is Legal for the Time Being in Texas

Texans who purchase delta 8 THC will undoubtedly breathe a sigh of relief to learn that this cannabinoid has resumed being legal in the state, once again allowing local shops to carry delta 8 products and allowing residents of the state to purchase delta 8 online to have it delivered to their doors.  But, this reinstatement of allowance for delta-8 to be sold within state lines does not mean that it will permanently be legal throughout the state, as we know that delta 8 laws specifically have been complicated and ever-changing in various states throughout the country.

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What is Delta 8 THC?

Delta 8 THC is a derivative of the hemp plant that’s known for its mild psychoactive buzz, which carries about 70% of the intoxicating capability as delta 9 THC, the leading compound in marijuana which is responsible for the plant’s high.  While being milder, it is, at the end of the day, an intoxicating substance, and it shouldn’t come as a surprise that this would make some lawmakers uncomfortably with its accessibility.  

What the Law Says Then

Currently, delta 8 THC is classified as a legal cannabinoid under federal law.  You see, in 2018, the United States passed the Farm Bill, which made the hemp plant fully legal for all adults, and determined that all derivatives of hemp, including delta 8, could be legally sold on the market as long as they contain no more than 0.3% delta 9 THC.  The large majority of states have simply adhered to federal law, allowing delta 8 to remain legal, with no legislation singling it out in any way.  But, a growing number of states across the country have explicitly banned the compound since it first began to grow in popularity within the last couple of years.

Texas had been one of these states until the Texas Department of State Health Services (DSHS) decided to add delta 8 THC to their list of Schedule 1 controlled substances in October of 2021.  During this time, shop owners in TX carrying delta 8 products were not notified that the law had changed, and that they were now selling an illegal substance.  Worth pointing out though, that in different states throughout the country, the level of enforcement maintained to keep delta 8 out of residents’ hands varies quite a lot.  Further complicating matters, some states are stricter when it comes to delta-8 possession, while other states simply forbid it from being sold in businesses within state lines.

Delta 8 THC: Legal in Texas Again (for Now)

In early November of 2021, a Texas judge blocked state legislators from classifying delta 8 THC as a Schedule 1 substance.  But, the judge’s reasoning means that retailers remain on edge.  The reinstatement of delta 8 legality didn’t come from the fact it’s a federally legal cannabinoid, but simply the fact that retailers had not been notified about the change in law, thus hinting that the change may only be temporary.

The ruling in delta8’s favor came as a result of two lawsuits: one from Hometown Hero, a retailer of delta 8 products in Texas, and a hemp manufacturing facility located in Houston.  It is expected that state lawmakers will make an attempt to repeal the recent ruling, which means that for businesses carrying delta-8 products in Texas, the fight is unlikely to be over.

What are the State Laws on Delta 8 THC and How Do They Affect Businesses?

Delta 8 THC hasn’t been around for more than a few years on the market.  Although it was discovered way back in 1965, it wasn’t until the passing of the Farm Bill that it became accessible to the public.  Just a few years after its initial discovery, cannabis was fully criminalized in the U.S., classifying both hemp and marijuana as illegal substances.  Therefore, as delta 8 is a derivative of cannabis, there was no chance for citizens to acquire it.

That’s clearly changed since 2018, and in an extremely short period of time, delta 8 THC has risen to enormous popularity.  It’s been on the market for a far shorter period of time than CBD, but it is considered the second most popular cannabinoid in hemp after cannabidiol.  Its psychoactive properties are clearly a huge part of its appeal – especially in states that do not permit citizens to access marijuana for recreational reasons.  

Not only that, but the milder nature of delta 8 THC is actually a big selling point for many.  Not everyone appreciates the high-THC strains of cannabis that are emerging from breeders, which cause more powerful intoxicating effects than what was standard just a couple of decades ago.  Delta8’s milder nature comes from the fact that the cannabinoid is actually derived from delta 9 THC.  Delta 9 which ages in the hemp plant partially converts into delta 8, thus making it an oxidized form of delta-9.

The incredibly high demand for delta 8 products throughout the country has been a blessing for business owners in various states that carry hemp products.  This has been especially true since early 2020 when the COVID-19 pandemic has hurt small businesses in many ways.  Being able to carry such a highly sought-after hemp derivative has led to excellent sales over the few years.  

Still, lawmakers in many states aren’t as enthused about delta 8’s potential as those who actually take the cannabinoid.  The banning of delta 8 THC in certain states has hurt small business owners who had only recently invested in delta 8 products to meet local demand, only to quickly discover that their inventory was now illegal and couldn’t be sold.  

While they could continue selling cannabidiol (CBD), delta 8 has unique appeal due to its psychoactive nature, offering a great alternative to marijuana to those unable to access it due to local laws.

When delta 8 THC was ruled illegal in Texas, business owners carrying the cannabinoid were caught off-guard, unsure as to what to now do with their recently acquired supply of inventory.  Since the ruling that brought back its legality a few weeks ago, more stores have naturally restocked it, but many feel that it’s only a matter of time when they once again need to stop selling it.  This makes store owners hesitant to invest in new delta 8 inventory, as they have no idea as to when it may be ruled illegal again.  And, state legislators haven’t been great communicators throughout this, as the banning of delta 8 in specific states has seemingly come out of nowhere, confusing both business owners and delta 8 consumers.

What Can Be Done?

Well, if you’re a Texas citizen living in places such as Houston, Dallas, San Antonio, Austin, and elsewhere, who doesn’t want to see delta 8 get banned where you live, there is time to contact state legislators and let your case be heard.  Delta 8 THC remains fully legal in most states throughout the country, as it’s fully compliant with federal law, so there is a good case to be made in favor of the hemp derivative.  

Essentially, we recommend that you get in touch with your elected officials and let them know why you feel that delta 8 THC should continue to be accessible to residents, and how banning it harms business owners throughout Texas.  There is no time frame during which state lawmakers may appeal the recent ruling, and it’s not even 100% certain that they will.  But, there remains a sense of urgency based on the sudden and drastic changes in hemp laws we’ve seen in other parts of the country.

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