In a Sept. 28 ruling, a court of appeals decided that the popular cannabis product can remain legal in the state.
Delta-8 THC will remain legal in Texas for now, following a recent ruling in a state court of appeals.
“We are delighted that the Third Court of Appeals of Texas today upheld the decision to stop the prohibition of hemp-derived delta-8 products,” the company said in an emailed statement. “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.
When the DEA “designates, reschedules or deletes” substances from the federal list of controlled substances, it triggers the state’s ability to choose whether to adopt the changes. But Hometown Hero and its lawyers argue that the DEA was just conforming the list to be in line with the federal hemp law.
What the state did was to change the entries for THC and “marihuana extract” to include THC isomers like delta-8. The next year, the state agency posted on its website that THC isomers were considered Schedule 1 controlled substances. This prompted the Hometown Hero lawsuit, which secured an injunction to halt the ban. The state then appealed the injunction and lost in the third court of appeals.
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