Delta-8 Is Legal in Texas (For Now): Judge Blocks State Ban

Texas can breathe a collective sigh of relief. The popular cannabis extract Delta-8 is legal in Texas once again. 

In Travis County, state district court Judge Jan Soifer granted a temporary injunction against the state. This ensures that it is not a felony offense to sell or acquire Delta-8 products. Austin-based CBD dispensary Hometown Hero led the charge, requesting that Judge Soifer block the state from including the cannabinoid as a Schedule I drug. 

What Went Down 

Hometown Hero argued that the Texas Department of State Health Services’ online notice from October 15, was not an adequate means to notify retailers. Moreover, the judge stated that this action from the DSHS was not in compliance with the rule-making requirements of Texas. 

Many expect the state to appeal this ruling, however. The DSHS claims that they offered ample notice of the change in classification for delta-8 prior to the online notice. To this end, they cited a notice placed in the Texas Register as well as a public hearing in May where no one came to speak. 

Still, many see this as a strong first step in establishing that Delta-8 is legal in Texas. 

Delta-8 in Texas

Across the Lone Star State, CBD stores began to sell delta-8 products sourced from the legalized production of hemp. Since the passage of the farm bill in 2018 and House Bill 1325 in 2019, sourcing delta-8 from legal hemp simply made sense. 

For example, per the federal farm bill, the definition of “lawful marijuana extracts” changed. With the passing of the bill, that included any extract will less than 0.3% THC. Generally, Delta-8 falls into this category. 

Delta-8 is a compound naturally found in hemp, albeit in small amounts, leading many to lab-created the compound. For many enthusiasts, it offers a similar feeling of “high” that they find in marijuana.  

However, the DSHS argues that the state’s hemp law did not discuss delta-8 in any way. For them, that means there was no intent to allow for the production and sale of the products. 

For now, though, Delta-8 is legal in Texas. While people expect the state to appeal, it shouldn’t change too much. With larger legal battles looming, it seems there’s still a long road ahead.