First Shots Fired In Texas Delta-8 THC Legal Battle

Well, that didn’t take long. Legal action has already begun regarding the Texas Department of State Health Services classifying Delta 8 THC as a controlled substance.

Delta-8 THC is an intoxicating cannabinoid that can be created by manipulating non-intoxicating cannabidiol (CBD) extracted from legally grown hemp.

Last week we reported  the Department had recently updated its Consumable Hemp Program page to indicate Delta-8 THC’s presence “in any concentration” is considered a Schedule I controlled substance and therefore illegal.

The Texas Hemp Federation said an attorney representing Austin’s Hometown Hero quickly filed for a temporary restraining order against the Department.

“There are certain procedures required to modify the Schedule of Controlled Substances in Texas, and whether such procedures were properly followed remains questionable,” said Andrea Steel from law firm Frost Brown Todd LLC.

Executive Director of the Texas Hemp Federation Jay Maguire said:

“Here are the facts: while there are those certain legislators who want Texas to adopt a prohibitionist stance on cannabinoids, in 2021 the Texas Legislature chose not to act on Delta 8 or any other cannabinoid isomers because there was no consensus to criminalize these beneficial products.”

Mr. Maguire advised retailers, distributors and manufacturers of hemp-derived cannabinoid products to contact their own attorneys for legal advice specific to their businesses.

In a Youtube video message published late last week, Hometown Hero Founder and CEO Lukas Gilkey said he was hopeful the judge will see its reasoning as correct, and grant the temporary restraining order.

“We understand how big of a deal it is to all of us and the consumers in this state who use Delta-8 for medicinal uses, and it’s very important to us we take this fight on, head on, and that we prove we are correct in our arguments of why Delta should be legal in the state of Texas.”

However, on Monday it was announced the court decided against the request and Hometown Hero said it will be halting sales of Delta-8 THC products for the moment.

The fight isn’t over – there is hearing scheduled for November 5 when the company will have another opportunity to state its case for a temporary restraining order.

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