Texas hemp companies are fighting back against the state’s recent ban on delta-8 THC.
The ban stems back to a statement made by Texas Department of State Health Services (DSHS) in late October clarifying that delta-8 is a Schedule I controlled substance and is illegal under H.B.1325—legislation signed into law by Gov. Gregg Abbott in 2019 to legalize the cultivation of hemp in Texas, Hemp Grower previously reported.
DSHS’ statement reads: “Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”
Companies have since filed lawsuits in attempt to reverse that ban, and they succeeded temporarily. But the state and attorney general have worked to reverse that, leaving the parties to work out the issue through lawsuits currently moving through courts.
The state’s tumultuous history with delta-8 is one that started even before the DSHS stepped in.
© Courtesy of Vicente Sederberg website
The Debate Over Delta-8’s Legality in Texas
Since H.B. 1325 does not address delta-8 specifically, many retailers and manufacturers assumed the substance was legal and continued selling