A Texas judge has issued a temporary injunction blocking the state’s ban on Delta-8 THC, ruling that regulators may have acted improperly when they banned products containing the controversial cannabis. The ruling temporarily removes Delta-8 THC from Schedule I from the state’s list of controlled substances and allows retailers to resume selling merchandise containing the cannabis-derived compound.
State District Judge Jean Swiffer issued a temporary injunction Monday in response to a request by hometown heroThe Austin CBD dispensary that filed a lawsuit challenging the Delta 8 ban, ruled that regulators failed to follow state requirements to issue new rules. The Texas Department of Health Services (DSHS) revealed last month that it had ruled Delta-8 THC a Schedule I substance under state law, despite the federal legalization of hemp and hemp products with the 2018 Farm Bill.
“DSHS has published the clarification below on our website in response to recent requests from cannabis growers who have said there is confusion in the industry about what is allowed in consumer hemp products,” Lara Anton, a spokeswoman for the agency Tell The Texas Tribune in October.
The Department of Health wrote online on October 15 that consuming cannabis products containing amounts of THC compliant with federal law are also legal under House Act 1325, which state lawmakers passed in 2019 to regulate the Texas hemp industry. However, “All other forms of THC, including Delta-8 at any concentration and Delta-9 above 0.3 percent, are considered Schedule I controlled substances,” DSHS pointed on his website.
Hometown Hero and other retailers Appeal against the ruling, arguing that retailers were not properly notified of a hearing that led to DSHS Commissioner John Hellerstedt’s decision to ban Delta-8 THC. Ben Meggs, CEO of Bayou City Hemp and Third Coast Blends, supports the legal action brought by Hometown Hero and praises the temporary injunction in the case.
Migs wrote in an email to High Times. “However, this is a temporary injunction, and we will continue to support the Hometown Hero in this fight until there is no confusion or gray area in Delta-8.”
Delta-8 THC Popular and Controversial
Products containing Delta-8 THC have become extremely popular with consumers since the federal legalization of hemp, especially in states that have not fully legalized marijuana. But the mildly psychoactive cannabinoid, commonly referred to as “weed light,” isn’t without its critics. More than a dozen states have passed laws or regulations banning the compound, and many in the licensed cannabis industry would like to see Delta-8 THC regulated.
Stuart Tomke, vice president of business development for CV Sciences in California for CBD products, says his company “and many others within the regulated cannabis community may indicate that these unregulated products are a major consumer safety problem.”
“Delta-8 products can be chemically synthesized in the lab without supervision using other plant materials, such as CBD, as a starting point,” Tomc said in an email. “Many of these available products have not been tested particularly in states where cannabis remains illegal and can include heavy metals, pesticides and microbes – all potential sources of contamination – leaving consumers at risk.”
Joe Byrne, CEO of multi-state cannabis operator Curaleaf, agreed, saying the company feels strongly “that any product containing any psychoactive drug should be regulated in the same way as inhaled or expendable cannabis products in the adult use market” and noted that That organizations including the United States Cannabis Council and the American Cannabis Round Table take similar positions on substance.
Byrne wrote in an email: “Regulating the Delta-8 complex is critical to avoiding similar issues the industry experienced with the e-cigarette crisis in 2019 – when products from the unregulated market caused major health problems to consumers and damaged public confidence in the industry. the entirety”.
However, representatives of the growing Texas cannabis industry are fighting efforts to ban Delta-8 THC, saying consumer demand for the products has been a boon to operators throughout the state’s supply chain.
“Delta-8 is not made in grow rooms or on farms. It’s actually made in labs that create the CBD oil we all know. When these labs are able to sell more oil to the market, that means they’re more likely to buy from cannabis growers in the world.” this state,” Zachary Maxwell, President of Texas Hemp Growers, Tell local media.
Soifer’s temporary injunction to halt the Texas Delta-8 THC ban is set to be in place while the court hears the lawsuit challenging the ban, allowing retailers to continue selling the products. But Lucas Gilkey, CEO of Hometown Hero, said he expects DSHS to appeal the ruling.
“We expect the state to resume this immediately,” Gilkie She said In a two-minute video posted on YouTube. “But that shouldn’t change anything, and we should be able to keep moving forward.”