Delta-8 survives appeal in Texas

A Texas Appeals Court upheld an injunction against a ban on delta-8 products in Texas on Thursday. This means, for the time being, delta-8 products remain legal in Texas. 

The Third Court of Appeals for Texas released a judgment Thursday afternoon in the appeal of Sky Marketing Corp. (Hometown Hero) v. Texas Department of State Health Services (DSHS).

The Appeals Court affirmed that the trial court did not err in granting jurisdiction and a temporary injunction to appellees (Hometown Hero). In non-legalese: DSHS was denied its appeal.

“Not only does this ruling help save an $8 billion industry, and thousands of jobs, but it also gives adult consumers and veterans continued access to hemp-based cannabis products that have become vital to their everyday lives,” wrote Hometown Hero CBD in a statement.

Hometown Hero, along with other plaintiffs, have spearheaded the lawsuit against an attempt by DSHS to ban delta-8 products in 2021.

Just like the lawsuit against the smokable hemp ban, DSHS is expected to appeal this ruling to the State Supreme Court.

If Delta-8 survives in the State Supreme Court, it’s plausible DSHS may re-attempt scheduling delta-8 as a controlled substance. Whether that effort would be successful is debatable. 

For the time being, delta-8 sales in Texas are legal. 

However, it should be noted that Dallas-Fort Worth-based State Representative Stephanie Klick–who is the architect behind the state’s obscene cannabis oligopoly, the Texas Compassionate Use Program–recently published an opinion piece in the Fort Worth Star-Telegram making outlandish claims about children being under the influence of delta-8. 

She ended by calling on Gov. Greg Abbott to address delta-8 sales as part of an anticipated Special Session. The Governor is reportedly preparing a special session agenda to address “school choice” and “border security.” Special Sessions are narrow in focus to whatever the Governor puts on the agenda.

Finally, Thursday’s ruling concerning delta-8 should not be misinterpreted as extending to the sale of high THC-a products. The Dallas Observer confirmed in a recent article that a retailer in Garland was raided after undercover officers came in and purchased high THC-a products. 

As always, Texas Hemp Growers will stay tuned to the case and bring you updates as they become available. 

Click here to read the judgment from the Appeals Court.