An attempt to question Delta-8 THC’s legal status in Texas has been struck down.
On Monday, Hometown Hero CBD announced that the Supreme Court of Texas denied a request from the Department of State Health Services (DSHS) to hear a case regarding Delta-8’s legality.
A Win For Delta-8
Hometown Hero says the decision is a victory for them, the Texas Hemp Federation, and the Texas Veterans of Foreign Wars in their continuing battle to keep Delta-8 legal.
According to Hometown Hero, keeping the case in appellate court gives them a better chance for success in the long run.
Hometown Hero says the Texas Appellate Court will hear the case in 2022.
“This is another legal victory that underscores what Texans-already know—these beneficial hemp-derived cannabinoids are here to stay in Texas,” says Texas Hemp Federation Executive Director Jay Maguire. “I hope our elected leaders pay attention to what the citizens are saying about how our products alleviate pain, anxiety, and inflammation, among other complaints, and get on board or out of the way.”
Despite allegedly having no regulatory authority in the matter, the DSHS dubbed Delta-8 a controlled substance in October.
According to Hometown Hero, the action caused a great amount of disarray for people, particularly military veterans, who use Delta-8 instead of pharmaceuticals.
Small Business and Delta-8
Hometown Hero also says that the action severed an income stream for small businesses that have relied on Delta-8 sales during the pandemic.
Following the attempted ban, Hometown Hero has received a temporary injunction to keep Delta-8 legal until there is a final decision.
“I was pleased to see that the Texas Supreme Court recognized the disingenuous attempt to make Delta-8 illegal when it denied the state’s writ of mandamus,” says case lead counsel David Sergi. “The ham-fisted attempt to make criminals out of veterans who use Delta-8 instead of opioids is just wrong for Texas.”
One of the plaintiffs in the case, Darrel Suriff, says that alternative solutions for more-harmful addictions should be available to consenting adults without regulatory or pharmaceutical industry interference.
While the Supreme Court of Texas’ decision is a significant step in the case, Hometown Hero says the fight for Delta-8 is not over.
“The Texas VFW is grateful for the Texas Supreme Court’s decision today,” says Legislative Chair of the Texas VFW Mitch Fuller. “Delta-8 is a great natural benefit to Texas Veterans and their families. We will continue to fight to ensure that it remains legal moving forward.”
