Texas judge prepares to hear delta-8 arguments - The Dallas Morning News

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A Travis County judge is scheduled to hear arguments Friday morning for a temporary injunction related to the legal status of delta-8 products, a less-potent alternative to delta-9 products.

The hearing will be the latest effort by Hometown Hero, an Austin-based company that sells delta-8 and CBD products, to keep the state from considering delta-8 illegal. About two weeks ago, a judge denied a temporary restraining order brought by the company against the Texas Department of State Health Services, because “the plaintiff has not met requirements of a temporary restraining order,” court documents show.

Hometown Hero, filed its initial suit on Oct. 21 after the state health department issued a notice on its website on Oct. 15 that delta-8 products are illegal. Many vape shops and sellers of the products expect to lose business as a result, and they are disappointed by the process.

It wasn’t until the website changed that many Texans, including regular consumers and sellers of the products, learned that delta-8 was illegal in Texas. An individual caught for possession could receive a felony charge, punishable by up to two years in prison and a $10,000 fine.

Some of the confusion around delta-8′s legal status stemmed from the 2018 Farm Bill, which legalized the product federally. The U.S. Drug Enforcement Agency issued a recent letter restating its position that substances obtained from hemp, including THCs, are legal, according to Yahoo! Finance.

However, the bill allows individual states to write more stringent laws and to diverge from the federal controlled substance schedule.

Many consumers and sellers did not know that DSHS Commissioner John Hellerstedt rejected the Drug Enforcement Agency’s modification that legalized all hemp products — including delta-8 — in September 2020, followed by a public hearing weeks later.

No residents commented or submitted concerns, so Hellerstedt signed the official order in November and filed it with the Texas Register on Jan. 20.

Aside from the public notice, the decision was never broadly announced to the public, and more than 2,000 CBD licensees eligible to sell the product were not notified. A notice at the top of the Consumable Hemp Program page on the health department’s website now states that “delta-8 in any concentration” is illegal.

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