Delta-8 Products Still Legal in Texas

The Supreme Court of Texas has declined to hear a case involving the legality of hemp-derived Delta-8 THC products. The request was made by the Texas Department of State Health Services (DSHS) in their legal battle against Hometown Hero CBD, the Texas Hemp Federation, and the Texas Veterans of Foreign Wars.

The denial by the court comes a little over a month after a Travis County judge temporarily blocked the state from listing Delta-8 THC as a Schedule I narcotic. In October, DSHS had declared Delta-8 a controlled substance, despite having no regulatory authority on the matter, Hometown Hero said in a press release which led to the company’s lawsuit against the agency.

Jay Maguire, the head of the Texas Hemp Federation, said the Supreme Court decision not to consider the case “is another legal victory that underscores what Texans already know — these beneficial hemp-derived cannabinoids are here to stay in Texas.”

“I hope our elected leaders pay attention to what the citizens are saying about how our products alleviate pain, anxiety, and inflammation, among other complaints, and get on board or out of the way.” — Maguire in a statement

David Sergi, lead counsel on the case, said he was “pleased” to see the state’s highest court recognize “the disingenuous attempt to make Delta-8 illegal when it denied the state’s writ of mandamus.”

“The ham-fisted attempt to make criminals out of veterans who use Delta-8 instead of opioids is just wrong for Texas,” he said in a statement.

The ruling keeps Delta-8 products legal in the Lonestar State, for now, while the Texas Appellate Court will hold the case next year.