Following a court decision, Delta-8 THC product sales can resume in Texas.
The Texas Department of State Health Services had deemed Delta-8 THC products to be a Schedule I narcotic on October 15.
Following the Department’s declaration, Hometown Hero CBD applied for a temporary restraining order against Texas.
Among other advocates, Texas Veterans of Foreign Wars Director of Government and Public Affairs Mitch Fuller joined Hometown Hero CBD in the hearing.
The restraining order was denied on October 20.
According to Hometown Hero CBD, there will be another hearing to determine if Delta-8 falls under the definition of a controlled substance.
“We got the injunction, we are good to go, and you are free to sell Delta-8 in Texas as of right now,” says Hometown Hero CBD CEO Lukas Gilkey. “I want to give a huge thank you to the companies that helped and donated. There were a ton of stores that put money in. In terms of big donors, we had Delta Xtracts and Ghost Hemp. Also I want to thank Vape City; they filed another suit, and they were fighting on their end, which actually helped us in some ways.”
Hometown Hemp CBD says that Delta-8 THC is widely legal because it is a hemp-derived cannabinoid and is an isomer of, but not the same compound as Delta-9 THC.
Hemp with a concentration of 0.3 percent less of Delta-9 THC is legal in the United States under the 2018 Farm Bill.
The 2018 Farm Bill legalized hemp and hemp-derived cannabinoids at the federal level.
Hometown Hemp CBD also says that many states, Texas included, have adopted legislation similar to the 2018 Farm Bill.
“The fight isn’t over, we still need help,” says Lukas. “So please donate to our attorneys directly or you can donate to the Texas Hemp Federation.”