Delta-8 THC in Texas: What You Need to Know

Delta-8 THC, a minor chemical variant of delta-9 THC, the main active ingredient in cannabis, has been causing quite the legal stir in Texas. It is sold in smoke shops, CBD stores and convenience stops all over the state. Here's what you need to know about the current legal situation of delta-8 THC in Texas.

Legal Journey of Delta-8 THC in Texas

In 2021, the Texas Department of State Health Services placed delta-8 THC on the state's list of controlled substances, making it illegal to sell or possess the substance. The 2018 Farm Bill had legalized small amounts of hemp-derived THC in certain consumable products like edibles, vapes and traditional bud, but the legality of delta-8 THC was still in question.

The legality of delta-8 THC is not just a matter of recreational use; it's also used by veterans with PTSD and those living with chronic pain who turn to the substance for relief. With delta-8 THC on the market, those with chronic pain had a recourse to find relief. But, without it, they are left with no option since their condition does not qualify them for the state's Compassionate Use Program.

Lawsuits and Appeals

A group of veterans, manufacturers and retailers sued the state to remove delta-8 THC from the controlled substance list, and a judge signed an injunction temporarily removing it from the list. However, its ultimate fate is yet to be determined.

Meanwhile, some individuals, including teenagers, are being jailed on felony charges for possessing delta-8 THC. If delta-8 THC is criminalized, Texans could face felony charges, jail time, and fines up to $10,000 for selling or possessing products that contain it.

Future of Delta-8 THC

The Texas Attorney General's Office appealed the temporary injunction to the Texas Supreme Court, which remanded the question back to an appellate court. Oral arguments are tentatively set for May 23, according to Jay Maguire, executive director of the Texas Hemp Federation.

In conclusion, the future of delta-8 THC in Texas remains up in the air. Texans who use the substance for medicinal purposes, as well as those who sell it, are closely watching the legal proceedings. For now, it's a wait-and-see game, but the outcome of the lawsuit could have far-reaching implications for the future of delta-8 THC in Texas.

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