A judge has prevented Texas from including the delta-8 THC cannabis extract as a Schedule 1 controlled substance. Texas stores can now resume offering delta-8 to customers. Spraying delta-8 on a flower has no impact on the debate here: the argument does not focus on whether some forms of delta-8 are legal, but on whether any delta-8 is legal. A recent ruling in Austin temporarily prevented the state from classifying Delta-8 as a controlled substance.
In addition, delta-8 is not synthetic because hemp and common cannabis plants produce it naturally, and it's quite clear that the Farm Bill does allow it if it is produced from a hemp source. Meanwhile, support for the legalization of the drug remains high in polls, and other cannabis-derived products, such as delta-8, have emerged. Making laws takes time, and the story behind the prohibition of hemp-derived THC delta-8 in Texas has a long history. However, during the debate in the Senate, an amendment was added that would have had a serious impact on the delta-8 market.
The proposed ban on delta-8 THC shares many features with the ban on smokable hemp that DSHS attempted last year. Of course, it can be argued that they are analogous and therefore delta-8 is included in the Federal Analogs Act, but that is a completely separate discussion. Like most store owners that sold delta-8 products, Carla Harrold said that no one from the state contacted her regarding the announcement. Analyzing the details not only gives us a full picture of what happened, but it also shows exactly why Texas-based companies that sell delta-8 are so angry about the way things have been handled.
They offer full refunds and free shipping, so you can trust the product you order. This isn't exactly easy to read, but the updated list of controlled substances does include delta-8 in the form of a vague statement about “marijuana extracts”. If a judge has issued an order restricting the use of any cannabinoid, then yes, you could be arrested and prosecuted for consuming Delta-8.The reasoning used to classify THC delta-8 (and other cannabinoids, other than THC at a concentration lower than 0.3%) as a controlled substance is, basically, that other cannabinoids may have pharmacological and psychoactive properties. CBD Oracle interviewed more than 20 stores, who stated that 60% of their businesses sold products with delta-8 THC, which highlighted the enormous impact that this law would have on legitimate companies in the state.
