The Texas Department of State Health Services updated its website on Friday to clarify that Delta-8-THC products – which many believed were legal under the 2018 Federal Farming Act – are still considered a controlled substance in Texas.
A note on the Consumable Hemp Program page now reads: “All other forms of THC, including Delta 8 at any concentration and Delta 9 that exceed 0.3% are considered List I controlled substances.”
House Bill 1325, signed by Governor Greg Abbott in 2019, legalized hemp products below 0.3% tetrahydrocannabinol (THC).
A day before the change, The Dallas Morning News published a story about the product that many thought was legal in Texas, or at least a “gray area,” said Kim Augsburger, who owns CBD American Shaman at College Station, the local Transmitter KBTX- TELEVISION.
Delta-8 is a cannabinoid obtained from cannabis plants, mostly from hemp. Sold in the form of edible candy, vape cartridges, and oil tinctures, it is said to produce a “high” similar to that of marijuana.
Many North Texas companies have started promoting the product, including an upcoming vape shop in Frisco.
The product became widely available under the Federal Farming Act, which changed the definition of legal marijuana extracts to those containing “no more than 0.3% Delta-9 THC” and legalized hemp products, including Delta-8, at the federal level.
In May, Stephen Pahl, the Texas Department of Health’s deputy consumer protection commissioner, clarified during the regular term that state law allows Commissioner John Hellerstedt to object to state drug plans, including Delta-8.
“Because the DEA only defined a marijuana extract as Delta-9-THC and because there are compounds or isomers of THC that have pharmacological or psychoactive properties, [Texas] The health commissioner decided against these schedules, ”Pahl told the committee. “Essentially, that means Delta-8 is still on the Schedule 1 medication schedule.”
Still, many residents and licensed sellers of CBD products in Texas were unaware of its status, as it was not listed among the state’s controlled substances until Friday and the list only recognizes the broader group of THC isomers that Pahl mentioned.
Some companies are choosing to fight the new notice, including American CBD shaman founder and owner Vince Sanders, who told the Dallas Observer that his company would send a notice to the attorney general, local law enforcement, and the health department who Resists the decision to add THC isomers to the narcotics list.
Texas Hemp Growers Association President Zachary Maxwell said Texas did not inform CBD operators of the product’s illegal status, but the group wants them to be aware that Delta-8 and other THC isomers are in the state are illegal.
The Department of Health’s website contains a disclaimer stating that the organization “has no regulatory agency for controlled substances”. Enforcement is the responsibility of local and state judicial officers.
Under Delta-8’s controlled substance status, anyone who owns the products could face up to two years in prison and a fine of $ 10,000.
At least six Texas residents have been charged with felony possession of Delta-8 in the past 90 days, Maxwell said.
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