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DSHS updated its website on Friday October 15th to say that Delta-8-THC products are still considered a List 1 Illegal Controlled Substance.
AUSTIN, Texas – An Austin CBD shop has filed a lawsuit against the Texas Department of State Health Services (DSHS) and its commissioner in response to a recent update that said Delta-8-Tetrahydrocannabinol (THC) products still considered an illegal substance in Texas.
Sky Marketing Corp., acting as Hometown Hero, is filing for a restraining order and a restraining and permanent restraining order. Its goal is to prevent DSHS and other state and local authorities from taking “enforcement action” against companies or individuals who are in possession of certain hemp products.
The lawsuit was filed in Travis County’s 126th District Court on Wednesday, October 20.
DSHS updated its website on Friday October 15th. According to the website, Delta-8-THC products are still considered a List 1 Illegal Controlled Substance.
However, the lawsuit states that hemp products, including those containing THC, are no longer a controlled substance due to a move by Texan lawmakers in 2019.
According to House Bill 1325, passed in 2019, all hemp consumable products that have a concentration of less than 0.3% Delta-9-THC are considered legal in Texas. According to the guidelines page of the DSHS Consumable Hemp Program, Delta-8 is illegal at any concentration in addition to Delta-9 greater than 0.3%.
RELATED: Delta-8 THC is considered an illegal substance in Texas
Hometown Hero is suing both DSHS and DSHS Texas Commissioner John Hellerstedt. The business was operated on the assumption that Delta-8 is legal as it is not a concentration of Delta-9 THC with a 0.3% excess.
The lawsuit states that the plaintiff wanted “to be free from prosecution for what was previously considered a completely legal company”.
“After the plaintiff and other similarly situated companies and individuals have operated lawfully and in accordance with Texan law for several years, they are now in potential legal danger and their businesses and livelihoods have an uncertain future,” the lawsuit states .
Vape City, another local smoke shop in Austin, is also filing an injunction against DSHS and Hellerstedt in response to the legal status of Delta-8 THC. The company informed KVUE in an email that this was “due to a lack of proper and required notification” by the DSHS.
The lawsuit lists several plaintiffs: Sheikhani Group Inc., S&A Vaping Inc., which operates under the name Smoke City Austin, and S&S Wireless Zone Inc. They allege in the lawsuit that “they have a proprietary right that was recently approved by government action in the absence of due process based on their business ventures as legal hemp suppliers. ”
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