Delta-8 legal in Texas, for now. Travis County judge blocks State from criminalizing the cannabis extract
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A Travis County judge issued an injunction against the state to ensure that selling or receiving Delta-8 is not a crime.
AUSTIN, Texas – Delta-8 tetrahydrocannabinol (THC) products are legal in Texas – for now – after a Travis County judge issued an injunction against the state to ensure that Delta-8 was not sold or received Crime is.
It came after an Austin CBD shop 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 products in Texas are still considered illegal substance apply.
Sky Marketing Corp., acting as Hometown Hero, is filing for a restraining order and a restraining and permanent restraining order. Its aim 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.
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 the Texan legislature 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%.
Hometown Hero sued both DSHS and Texas DSHS 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 company previously emailed KVUE that its request was “due to a lack of proper and required notification” from DSHS.
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https://www.kvue.com/article/news/local/texas/delta-8-texas-legal-lawsuit/269-292cb601-5752-419e-b371-fb42177f96da
