The Texas Department of State Health Services (DSHS) recently attempted to ban delta-8 THC products in the state, but the Texas Supreme Court rejected the request to hear the case. As a result, delta-8 is currently legal in Texas. The DSHS obtains its authority to modify the list of controlled substances from the Texas Controlled Substances Act, which includes a vague statement about “marijuana extracts”. Despite this, Texas has some of the toughest cannabis laws in the entire country. The Cannabis Council, a coalition of individuals, organizations and companies that advocate for the legalization of cannabis, analyzed 16 samples of delta-8 products from across the country, including Texas.
The results showed that some CBD and delta-8 products may contain hazardous levels of household chemicals and other contaminants, such as heavy metals and pesticides. This led many industry stakeholders and consumers to assume that their products would remain legal. The proposal to ban delta-8 THC shares many features with the DSHS ban on smokable hemp attempted last year. But what does this mean for stores that sell delta-8 THC? And how will this affect consumers? Because products with Delta-8 THC come from hemp, they contain 0.3% delta 9 (or less), making them federally legal. Analyzing the details not only gives you a complete idea of what happened, but it also shows exactly why the Texas-based companies that sell the delta-8 are so angry at the way things have been handled. Under many of these state laws, it's still illegal to use marijuana for recreational purposes, but prosecutors don't file criminal charges.
One time it's illegal and the next it's temporarily prevented from being listed as a Schedule I drug. Theoretically, Delta-8 THC is legal in all 50 states, so you shouldn't have trouble buying it in Texas. Unfortunately, the Texas DSHS is taking a hardline stance that it is not legal regardless of the delta-9 content of the product, despite the content of the Farm Bill. The legal battle may still be ongoing, but if we analyze the chronology of events and the mediocre responses of the DSHS, it is quite possible that we will win. You'll have to wait until Texas follows the most progressive states until medical marijuana is legalized across the spectrum.
