There's a long battle ahead for the legality of Delta-8 in Texas, so stock up and enjoy it while you can.

According to a press release from Newswire, the 345th Civil District Court in Austin granted a temporary injunction filed by Hometown Hero CBD. This decision legally allows the sale of Delta-8 products in the state of Texas.

Hemp VS Marijuana

According to the Texas legislature, in 2019 Texas legalized hemp with HB 1325. The law went into effect on June 10, 2019, making cannabis with less than 0.3% Delta-9 tetrahydrocannabinol (THC) legal hemp, while anything more is considered marijuana.

Photo by CRYSTALWEED cannabis on Unsplash
Photo by CRYSTALWEED cannabis on Unsplash

Delta 8

Delta-8 is a form of THC that is widely legal in any concentration due to the following:

  • Hemp is cannabis with a 0.3% or lower concentration of Delta-9 THC by dry weight.
  • The 2018 Farm Bill legalized hemp and hemp-derived cannabinoids on a federal level.
  • Many states, including Texas (HB1325), adopted legislation similar to the 2018 Farm Bill
  • Delta-8 is a hemp-derived cannabinoid
  • Delta-8 is an isomer of, but not the same compound as, Delta-9 THC


Photo by Elsa Olofsson on Unsplash
Photo by Elsa Olofsson on Unsplash Elsa Olofsson

What's the Big Deal?

With Texas being a conservative state, marijuana is illegal for recreational purposes. Medical marijuana is highly restricted, and evidently the law on consumable hemp is still a bit unclear.

After over a year of multiple retailers selling Delta 8 products, on October 15, 2021 the Texas Department of State Health Services declared on their website that Delta-8 THC, in any concentration, is a Schedule I controlled substance.

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The Temporary Injunction

Many small businesses that rely on the sale of Delta-8 products were shocked to learn of the products illegality. In response to the DSHS's declaration, Hometown Hero CBD applied for a temporary restraining order against the state of Texas, which was denied on Oct. 20.

Vape City also filed for a Temporary Restraining Order against the ban of the Delta-8 products due to a lack of proper and required notice by the Texas Department of State Health Services adding it on the Schedule of Controlled Substances in contrary to the federal definition under the 2018 right to Farm Act.

However, on November 8, 2021 a temporary injunction by Hometown Hero CBD was signed by Travis County Judge Jan Soifer. For now delta 8 is legal with a trial determining its future legality scheduled for January 28, 2022.

"We got the injunction, we are good to go, and you are free to sell Delta-8 in Texas as of right now. I want to give a huge thank you to the companies that helped and donated. There were a ton of stores that put money in. In terms of big donors, we had Delta Xtracts and Ghost Hemp. Also I want to thank Vape City; they filed another suit, and they were fighting on their end which actually helped us in some ways," said Lukas Gilkey, CEO of Hometown Hero CBD. "The fight isn't over, we still need help, so please donate to our attorneys directly or you can donate to the Texas Hemp Federation."

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