With Delta-8 THC’s legality cleared in court, some Texan companies continue to sell products containing it.
The ENDO pharmacy in Rowlett has been very busy since opening five months ago.
But sales, says Mike Brown, have doubled since last month when other stores started taking Delta-8-THC products off the shelves.
“We’re getting people up to 60 miles away by just looking for the product, simply because we’re not going to pull it out until there’s an actual law that says it does,” Brown said.
The Federal Agriculture Act of 2018 legalized hemp nationwide. It became legal in Texas in 2019 with the enactment of House Act 1325, which, among other things, created a consumable hemp program.
Both state and federal definitions of hemp allow 0.3% or less of Delta-9 THC.
Texas law makes no mention of delta-8-THC, which many describe as a milder form of delta-9-THC, the main compound in cannabis that makes users high.
Confusion began on October 15 when the Texas Department of State Health Services posted an online notice stating that “Delta-8 in any concentration” is illegal.
The announcement surprised retailers and consumers who have been selling and buying products containing Delta-8 THC for months.
“You are federally compliant and all of a sudden you are told you can’t and you have people who call you in panic on the phone and cry, come in here, honestly hysterical because they found something that works for them,” said Brown.
Delta-8 THC is obtained from hemp, which, like marijuana, is a variety of cannabis plants.
Since legalization, there has been an explosion in hemp products ranging from CBD oil to Delta-8 consumables.
“Our claim is that these products are largely used as wellness products anyway and are not intended to get people stoned,” said Jay MaGuire, executive director of the Texas Hemp Federation.
At least two Texas companies are now suing the state over the ban.
Both were refused an injunction by the judges.
On Thursday, Hometown Hero and Vape City announced that they were merging cases and planning to go back to court on Friday morning to file a restraining order.
In a statement, the DSHS noted that Delta-8 is listed as a controlled substance by the Drug Enforcement Agency.
It said that while Delta-8 is not mentioned in state law, THC has been illegal in Texas for decades.
The DSHS said it put this clarification online last month at the request of hemp farmers who said there was confusion in the industry.
Endo Dispensary’s Mike Brown believes the company is compliant and says he never started an illegal business.
Like several other companies across the state, he said he intends to keep selling Delta-8 products until the law is cleared.
[ad_1]
