Delta-8 Temporarily Legal in Texas After Court Grants Injunction

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A popular cannabis extract that was previously banned in Texas is now temporarily legal.

A temporary injunction was granted on Monday, November 8th, against the state of Texas to ensure selling or possession of Delta-8 is not a felony offense.

This follows a Texas Department of State Health Services notice that was issued on October 15th classifying Delta-8 as a Schedule I drug. A seller of Delta-8, Hometown Hero, requested a court block the notice, due to it effectively making Delta-8 illegal and not adequately notifying retailers beforehand.

The Texas Tribune reports retailers in Texas had thought Delta-8 was legal to sell after the federal Farm Bill in 2018 passed, as well as House Bill 1325, which both allowed the legal growing of hemp lower than 0.3% of THC. Delta-8 is within this range, but officials say due to the bills not discussing Delta-8 explicitly, it remains a Schedule I drug.

Officials stated that the bills were not intended to allow the production or sale of Delta-8. That's why the notice was published online after multiple producers and retailers were confused as to its legal status.

The Department of State Health Services is expected to appeal the injunction.

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