The debate over Delta-8 THC continues.
A judge ended a long-awaited court hearing Friday without making a decision on a temporary measure sought by lawyers for Hometown Hero, an Austin-based company that sued the state over the legality of the Delta-8 ban. THC in Texas.
“Texas is becoming the zero point for a fight that will essentially spread across the country,” said Lukas Gilkey, founder of Hometown Hero.
If the precautionary order is granted, it would effectively allow the resumption of Delta-8 product sales while the lawsuit unfolds in the courts.
“I will make a decision as soon as I can,” Travis County Judge Jan Soifer said.
On Friday in court, Hometown Hero’s attorneys argued that the Texas State Department of Health Services did not follow the proper procedure to notify the public when it added Delta-8 THC to the Texas list of controlled substances. ‘last year.
DSHS lawyers said the department did nothing wrong.
A decision by Judge Soifer is expected early next week.
As the legality of Delta-8 THC is resolved in court, some Texas companies continue to sell products that contain it.
As the legality of Delta-8 THC is resolved, some Texas companies have removed products containing it from the shelves.
But some continue to sell them.
Since it opened its doors five months ago, Rowlett’s ENDO dispensary has been busy.
But sales, says Mike Brown, have doubled since last month, when other stores began taking Delta-8 THC products off the shelves.
“We’re making people 60 miles away just looking for the product simply because we won’t throw it away until there’s a real law that says we have to do it,” Brown said.
The 2018 federal farm bill legalized hemp nationwide. It became legal in Texas in 2019 with the passage of House Act 1325, which created a consumable hemp program, among other things.
Both state and federal hemp definitions allow 0.3% or less of THC Delta-9.
Texas law does not mention Delta-8 THC, which many describe as a milder form of Delta-9 THC, the main cannabis compound that makes users “demanding.”
The confusion began on Oct. 15, when the Texas State Department of Health Services issued an online notice stating that “Delta-8 at any concentration” is illegal.
The ad surprised retailers and consumers who have been selling and buying Delta-8 THC products for months.
“You’re complying with the federal government and they suddenly tell you you can’t and you have people calling you panic on the phone crying, coming in here, hysterically honestly because they found something that works for them,” Brown said.
Delta-8 THC is derived from hemp, which like marijuana, is a variety of cannabis plants.
Since it was legalized, there has been an explosion of hemp products ranging from CBD oil to Delta-8-containing consumables.
“Our claim is that these products are widely used as a wellness product anyway and are not intended to get people stoned,” said Jay MaGuire, executive director of the Texas Hemp Federation.
At least two Texas companies are now suing the state for the ban.
Both judges were denied temporary restraining orders.
On Thursday, the companies, Hometown Hero and Vape City, announced that they are consolidating the cases and are scheduled to return to court Friday morning for a temporary motion of demand.
In a statement, the DSHS noted that Delta-8 is listed as a substance controlled by the Drug Control Agency.
He said that although Delta-8 is not named in state law, THC has been illegal in Texas for decades.
The DSHS said it published this clarification online last month at the request of hemp growers who said there was confusion in the industry.
Mike Brown of Endo Dispensary believes the company is compliant and says it would never have started a business that was illegal.
Like other companies across the state, he said he intends to continue selling Delta-8 products until questions about their legality are answered.
