Texas Hemp Companies Fight Against Delta 8 Bans

You’ve been able to find Delta 8 THC in Texas for quite some time now, and it’s popularity has only been increasing. Happy hemp consumers mean happy hemp business owners, which is why the sudden (though brief) Texas Delta 8 THC ban drew so much attention. If you’re still trying to wrap your head around what happened with the Texas Delta 8 THC laws, and wonder if you can still find Delta 8 in Texas legally, we have the answers. 

Behind the Delta 8 Ban in Texas

After the 2018 Farm Bill federally legalized hemp and its derivatives, the door was open for the creation of new cannabinoid-based products beyond just CBD. As long as the products contain less than 0.3% Delta 9 THC, as specifically worded in the Farm Bill, they aren’t breaking the law. 

This is exactly what has been the center of discussion in the Texas legislature and courtrooms this past year, with Delta 8 products front and center of the arguments. The chemical makeup of Delta 8 is similar to Delta 9, but it varies enough that it’s a different chemical compound altogether. That said, Delta 8 affects consumers very similarly to Delta 9. This has created a grey area: is only Delta 9 THC illegal, or any compound that acts like it? 

The arguments against Delta 8 vary. Some groups are concerned about the lack of regulation or studies surrounding the hemp derivative, while others take the stance that any THC analog should be illegal, no matter the original source. But what does the law have to say about a Delta 8 ban in Texas? It depends on who you talk to. 

How the Texas Delta 8 Ban Began

The whole Texas Delta 8 ban fiasco began with HB 3948, when amendments added language specifically addressing synthetics, including Delta 8 products. These amendments caused an uproar with those seeking to regulate THC responsibly, as well as all of the businesses the bill would affect. Luckily, the bill didn’t end up passing, so no laws were changed. 

Unfortunately, the interest in Texas Delta 8 laws didn’t go away. Rather, the Texas Department of State Health Services (DSHS) specifically added a Delta 8 statement on their website in response. In October 2021 the DSHS declared Delta 8 illegal: “All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.” 

With this statement, the grey area that the hemp industry had been working in was eliminated. Delta 8 was effectively banned in Texas, but the hemp industry wasn’t about to stand by. That’s because for some business owners, the Texas Delta 8 ban could mean the end of what little stability they had.

How a Delta 8 Ban Affects the Hemp Industry

A ban on Delta 8 in Texas could deliver a crippling blow to the state’s entire hemp industry. Many businesses credit Delta 8’s popularity with saving their businesses from succumbing to the pandemic, and losing such a profitable product would be devastating. 

In a recent interview, the owner of Backyard Botanicals, Eric Beals, said that “Delta-8 is kind of what helped us out of the pandemic. Given the nature of our business, we were not eligible for any PPP loans, any government assistance. We just about went under.”

With economic pandemic recovery still touch and go, a strengthened hemp industry has been a welcome thing for all involved. Instead, now all hemp growers, producers, labs, and their employees are worried that if Delta 8 is taken away, their jobs might be as well. 

Hemp Companies Fight & Win Against the Texas Delta 8 Ban

With so much to lose, one company refused to accept the DSHS stance and sued Texas over the Delta 8 ban. At the end of October, Sky Marketing Corp (who does business as the CBD company Hometown Hero) filed a lawsuit to prevent enforcement action against low Delta 9 THC products (like Delta 8) that it believes are legal both federally and locally. 

The suit was quickly before Judge Jan Soifer, and on November 7, 2021, a temporary injunction was granted. In layman’s terms, this means that Delta 8 products can continue to be sold as they were before (for now). Judge Soifer could choose to make the injunction permanent, or other agencies could go to court to overturn it. Either way, it’s obvious that the fate of Delta 8 in Texas hasn’t been settled yet.

The Bottom Line on Texas Delta 8 

While we don’t know what will happen with Delta 8 in Texas in the future, it’s legal right now, and we have plenty in stock. You can count on Go Green Botanicals as your health and wellness advocate through natural remedies, like Delta 8 and other hemp-based products.