On Monday, an Austin court temporarily removed Delta 8 off Texas’ list of restricted narcotics, the latest twist in the state’s long-running debate over the legality of “weed light.” Delta 8’s legal status was further imperiled by the order’s removal of recent changes to the definitions of “tetrahydrocannabinols” and “marihuana extract” from the state’s list of restricted drugs.
The interim restraining order will stay in effect until a complete trial establishes whether the Texas Department of State Health Services obeyed the law when it declared Delta 8 THC to be an unlawful chemical in January.
Delta 8 THC is an isomer of Delta 9 THC, marijuana’s major psychotropic component. Delta 8 was thought to be legal under the 2018 federal Farm Bill and a new state legislation legalizing hemp in 2019. Manufacturers, merchants, and consumers all thought so. State prosecutors in Texas, on the other hand, believe that Delta 8 is and has always been illegal.
Attorneys for Hometown Hero CBD, an Austin-based hemp manufacturer, and retailer, claim that the state government neglected to properly notify the public about a hearing that eventually decided the destiny of Delta 8 as a restricted drug but was not attended by anybody.
Hometown Hero’s lawyers sued State Health Services in October, alleging they first learned of the alterations after the department’s internet page on the Consumable Hemp Program was changed to reflect the decision on Oct. 15.