Breaking: Texas Judge Blocks State From Enforcing Ban On Delta-8 THC

Late Monday a judge ruled that state regulators would be temporarily prohibited from enforcing a ban against the sale of delta-8 THC products, reported Marijuana Moment. A final hearing on the matter is scheduled for January 28, 2022. 

In October, Cannabis company Hometown Hero filed a suit against the Texas Department of State Health Services (DSHS), claiming that its hemp policy was improperly revised in order to ban products with Delta-8 THC. The judge

disagreed with the lawsuit and ruled that the state’s ban remains.

However, on Monday, Travis County Judge Jan Soifer ruled that the firm had adequately demonstrated that it is entitled to “declaratory and injunctive relief” over the hemp policy update.

Stakeholders were caught off guard by DSHS’s announcement of the delta-8 ban. The update was uploaded to a state website as a non-searchable image, making it impossible for industry operators and advocates to be alerted about its existence.

Delta-8 THC, a chemical component of the cannabis plant that occurs naturally in very small concentrations, can produce a mild psychoactive effect in some people.

One of the problems with delta-8 THC lies in the way it is produced. The new industrial methodologies are based on the extraction of CBD from industrial hemp and the use of acetic acid and other little-known chemicals to turn it into THC, making it an intoxicating cannabinoid synthesized from hemp, as opposed to a naturally found compound in the plant.

The Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) issued warnings to consumers about the potential risks of consuming unregulated products that are advertised as containing the cannabinoid delta-8 THC last September. 

Photo By Lelen Ruete