It's unfortunate really, but as a lot of you are aware by now, Delta 8 THC has been deemed illegal in the State of Texas. There is still hope for the ban to be reversed when a judge denied the ban from being permanent because of the notion that Delta 8's counterpart Delta 9, or better known as Marijuana, is and has been illegal in the State of Texas for over 40 years.
Let's be super clear here, the legal issue with the ban altogether started up again when the Texas Department of State Health Services posted on their site that Delta 8 is a Schedule I Controlled Substance. Something to keep in mind, a Schedule I substance by definition is a substance that has no medical use or benefit such as heroin and LSD.
This fight is far from over though, as many CBD producers are rising to the challenge to combat the misconception that Delta 8 should be illegal based on the reasoning that Marijuana is illegal. The Farm Bill passed in 2018 gave our industry clarity that Hemp growing is legal, and products manufactured and sold that contain Delta 8 is legal for both consumption and retail as long as the rule of the product containing no more than 0.3% THC was followed.
Thankfully, companies like Bayou City Hemp Company, Hometown Hero, and Sky Company are at the frontline ready to ensure that the voice of our industry is heard. There are retailers who are pulling Delta 8 products from their shelves due to the temporary ban, however other retailers are waiting until the November 5th hearing coming up to see if they truly have to pull Delta 8 THC from their shelves.
DELTA 8 = FELONY CHARGES?
Please be careful in Texas when purchasing Delta 8 during the temporary ban. It truly is unfortunate that cannabis is misunderstood, but in East Texas, if you are caught with possession of a Delta 8 THC product, you will face a felony charge. It's really interesting but currently in Texas, possession of Marijuana is considered a misdemeanor, yet possession of Delta 8, a legal form of cannabis is now a felony - someone show me the justice in that.
According to the Farm Bill passed in 2018, on a federal level Hemp is still legal to farm, produce and consume, however, keep in mind that State and House always enforce their own jurisdictions. Although State laws are trumped by Federal laws, if you live in the State of Texas you can still face Felony charges while in possession of a Delta 8 product. Please be careful in the state of Texas regardless if you are a consumer or a retailer. Not only is Delta 8 considered a Felony charge but it is also punishable by 2 years of prison time if caught with a vape cartridge of Delta 8 THC or Delta 8 THC gummies.
THE "GRAY AREA"
Here's the biggest concern of all - the Texas Department of State Health Services is concerned with the limitations on testing Delta 8 products to determine how much THC truly resides within the product and whether it’s a natural substance. Forensic scientists can't yet tell the difference between Delta 8 THC derived from Hemp (legal in most states) versus Delta 9 THC derived from Marijuana which is considered illegal. The speculation surrounding this notion comes from the fact that the Texas Department of State Health Services advocates that Delta 9 THC is illegal, and Delta 8 THC is the “loophole” for marijuana.
It's a complicated situation but not all hope is lost - Law enforcement in Texas are handling Delta 8 charges on a case by case basis. Unfortunately they still do arrest you if they find you in possession of a Delta 8 product, but they do send the product to the lab and if the product returns as a true Delta 8 product and contains no more than 0.3% THC, then it's really up to the county officials as to whether they want to pursue criminal charges or let you go free.
Our industry has faced scrutiny before, but we've always emerged victorious. On Nov. 5th there will be another hearing at the State House of Representatives where the case will be heard between the Texas Department of State Health Services and Cannabis farmers, producers, and retailers. The gray area has expanded a bit more, and the lines have become even more blurry, but consumers and retailers are amassing in support for Delta 8 so the fight is far from over. One key thing to remember is that the ban is still temporary and is only being enforced by the State Department Health Services which is a different council than the State of Agriculture and Affairs in Texas.
A lot of retailers are holding firm and keeping Delta 8 products on their shelves regardless of the ban based on morality that Delta 8 is considered "Weed Light" and is not actual Marijuana, but provides all the benefits. Several CBD retailers have stated that their customers use Delta 8 products for pain management, anxiety, and relief of other symptoms so retailers are advocating that the product should not be deemed illegal because Delta 9 THC is a similar variant of Delta 8 so they are not pulling products from their shelves until the ban is truly settled.
Please be careful in the state of Texas - IF you have a Delta 8 THC product on you, or sell Delta 8 THC products, check that the product has a label with a QR code for law enforcement to scan. This QR code should take the user to an accredited lab tested results page that indicates how much THC is within the product, the actual product ingredients, and all the necessary knowledge to prove that the product follows the guidelines stated by the 2018 Farm Bill.
The experts at Wholesale Hemp Suppliers are well versed in labels, product creation, and lab testing so if you have any questions about labels, product ingredients and testing feel free to reach out at firstname.lastname@example.org