Texas Hemp retailers are scrambling as they await word on whether or not they will be able to continue to sell Delta-8 THC products. Delta-8 THC products have been available for sale for some time in Texas. The Farm Bill of 2018 made hemp compounds that aren’t Delta-9 THC legal on a federal level. Subsequent Texas legislature in 2019 confirmed this idea statewide.
Now, however, DSHS or the Department of State Health Services has said otherwise. On Friday Oct. 15th an announcement became visible on their website that Delta-8 THC products are not legal. And also, they say they never were. According to the DSHS, interpretation of the law has been incorrect. They state that Delta-8 THC products never should have been sold in the State.
In an attempt to stop the DSHS from banning Delta-8 THC products, several brands have stepped forward in opposition. Hometown Hero, a local brand that carries many hemp-based products, has filed a lawsuit against the DSHS. This is an attempt to halt their decision at a statewide level. If it holds, it will allow for continued sales of products that have been on the market for years.
Currently, Delta-8 THC products have become hugely popular in Texas for many consumers, some of whom use the products for the benefits they provide for things like stress, sleeplessness, irritability, and more. For many living with chronic conditions who aren’t included in Texas’ very limited medical marijuana program, that means one of the most easily accessible options out there could be about to vanish. Because of this, the decision of whether or not Hometown Hero’s lawsuit will stand is a big one. The decision is up to a judge. Also, from our understanding, this judge was not exactly expecting a lawsuit like this one would be on their hands.
Aside from the many, many benefits Delta-8 THC has provided to Texans around the state, there’s the fact that the sales of these products have helped many businesses bloom, and some even get going from the ground level. What this decision could mean for multitudes of small businesses in Texas is alarming.
The lawsuit by Hometown Hero against the DSHS was NOT SUCCESSFUL.
Hometown Hero was denied by the State of Texas in their lawsuit, which means that as things stand, the sale of Delta 8 THC products is not legal in Texas.
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