As of July 2022, 14 states have banned either Delta-8 specifically or all unregulated forms of THC, including Delta-8, according to NBC News. According to the DSHS website, delta-8 at all concentrations and delta-9 at more than 0.3% are now controlled substances under the Texas Controlled Substances Act. This means that the use, possession, purchase, sale, distribution and manufacture of Delta 8 products are strictly illegal and punishable under the state penal code. Yes, you cannot take a drug test if you have only used delta-8 cannabis, as drug testing is not able to tell the difference between the delta-8 and 9 cannabinoids. As explained above, if you`re on bail or parole (the two times you`re most likely to provide a drug test), it doesn`t matter what cannabinoid is in your system. The Farm Bill specifically mentions that states are allowed to adopt stricter rules than the federal government. Assuming the legal challenge fails, Texas` position is perfectly acceptable to the federal government. Judge Jan Soifer of Texas` 126th District granted the injunction in Travis County. The lawsuit was filed by Hometown Hero, a Delta 8 retailer, as well as a hemp processing plant in Houston.
Hemp was legalized federally by the 2018 Farm Bill and in Texas by House Bill 1325, which Governor Greg Abbott signed into law in 2019. Now, CBD products are sold throughout the state. Some Waco CBD retailers said they removed delta-8 from their shelves after the announcement, while others said they continued to sell Delta-8 because there was no written law banning the substance and were never told to stop selling it. In addition, state soldiers did not make a single arrest for Delta-8. May 18, 2021: At a hearing for the Water, Agriculture and Rural Affairs Committee, a representative of the DSHS discussed the above decision, noting that the DSHS considers Delta-8 to be a “marijuana extract.” This came as a surprise to industry stakeholders and the public, as the above decisions, hearings and changes had indeed taken place in secret. The documents were only discovered as a direct result of this event. The hearing focused on a bill that would have banned certain hemp-based consumable products containing alternative forms of THC. We`ve discussed the opaque legality of Delta 8 products in Texas, and now that we know they`re currently legal, it`s time to get to our top recommendations. Although the TX House Bill does not ban 2593 Delta-8 products, the Texas Department of State Health Service updated its website on October 15, 2021, claiming that Delta-8 is now banned in Lone Star State. Delta-8 THC is arguably the most discussed cannabinoid currently on the market. It is a variant or counterpart of delta-9-THC that is capable of causing a mild to moderate high.
Many actually call it “The New THC.” And that`s not even the best part. Although Delta 9 is illegal at the federal level, states can establish their own laws and restrictions within the country`s borders. Some states have passed laws restricting the use and ownership of Delta 9. Most states have used one of three actions with Delta 9 THC: The DSHS said the state follows the Drug Enforcement Administration`s list of controlled substances, which includes Delta-8. But Sean Mitchell, the DEA`s chief of intergovernmental affairs, said at a public meeting in June with the Florida Department of Agriculture and Consumer Services and the U.S. Department of Agriculture that the DEA considers delta-9 THC only as a controlled substance that would exclude delta-8. However, manufacturing is a separate issue. While hemp is legal to buy, sell and possess, the Texas Department of State Health Services prohibits the processing and manufacture of smokable hemp in the state. That ban was upheld by a Texas Supreme Court decision in June 2022, according to the Dallas Observer. It has already entered into force on 20 January 2021. It is certainly unfair, but until the legal challenge, it is the law. Let`s start by talking about the famous delta 9 THC molecule.
At the federal level, Delta 9 has no recognized medical benefits or value, which means that it is a controlled substance on the first list. This basically means that it is illegal to possess and possess THC at the federal level. This is relevant if you are using a federal facility or if you are traveling outside the country and have Delta 9 products with you. You could be charged if you get caught. Recently, the legality of delta-8 THC in the state of Texas was at stake. State lawmakers have tried to shamelessly ban Delta-8 within an inch of his life, causing an uproar in the Texas cannabis community. If you have been arrested for marijuana possession in Tarrant County, it is important to contact a lawyer experienced in marijuana as soon as possible for legal help. Our dedicated team of criminal defense lawyers has decades of experience and a proven track record of results. Contact us today at 817-203-2220 for a free consultation. Otter Space has made it its mission to make cannibal products comfortable again with perfect balance, so that there are no more uncomfortable top connections you get with certain products. In 2019, Texas legalized hemp, but not marijuana. The new law has led to confusion as to which marijuana products are legal in Texas.
Meanwhile, support for drug legalization remains high in investigations, and other cannabis-derived products such as Delta-8 have emerged. And now? Delta-8 is legal nationwide under the 2018 Farm Bill, but the process of converting CBD to delta-8-THC is under fire and fraught with pitfalls. The DEA could see it as a synthetically produced cannabinoid and classify it as a List I controlled substance. Since Texas lawmakers legalized some forms of the cannabis plant in 2019, but others haven`t, cases of marijuana lawsuits across the state have been turned upside down, and the application can vary greatly depending on where you live. October 15, 2021: DSHS updated its website to label Delta-8 as a List I controlled substance. This, in turn, has happened without notifying stakeholders or the public, so many stores literally sell what is considered a List I controlled substance without being aware of it. Spraying the Delta-8 on the flower has no bearing on the debate here – the dispute is not about whether certain forms of Delta-8 are legal, but about whether a Delta-8 is legal. The problem, as always, is that the ban favours the black market. In the same way that homemade moonlight gained ground during alcohol prohibition, black market cannabis products thrived during cannabis prohibition. The solution is simple: keep it legal and regulate the market. Cannabis-derived products can also cause their own side effects, especially when used in large quantities. The FDA warns that CBD products can cause liver damage, mood and appetite swings, and affect fertility.
There have also been reports of Delta-8 products causing hallucinations, vomiting and loss of consciousness. In September 2021, the Centers for Disease Control and Prevention issued a health warning stating that it had seen an increase in health emergencies related to the use of Delta-8 as the drug became more popular. Many of the cases involved children who have been exposed to the drug, which is often sold in the form of rubber and other sweets. Balli said Glass Phoenix has never stopped selling Delta 8 products. After the notice was released by the DSHS, Balli said Glass Phoenix did its research to see if it was still allowed to sell Delta-8. The DSHS ban on delta-8-THC is illegal. Not only does it contradict the federal definitions and rules of the Farm Bill (which went into effect in Texas), but it was also introduced in a decidedly sneaky and mysterious way. Interveners or the public were not sufficiently informed of the changes, there was a grotesque “public” hearing with exactly zero public participants, and the schedule changes were not even made in a way that could reasonably have been found by interested parties. The legal battle may still be ongoing, but if you look at the chronology of events and the dull reactions of the DSHS, it is very possible to win it.
