In July of 2021, Texas Gov. Greg Abbott signed off on a surprise ban of delta-8 THC in the state. Delta-8 is an isomer of THC, a non-psychoactive molecule that’s gaining popularity among medical marijuana users because of its therapeutic benefits.
The ban caught many by surprise, particularly those in the CBD and hemp industries who rely on delta-8 THC products for their business. But one Texas business isn’t taking the ban lying down:
Hometown Hero CBD is leading the charge in fighting back against this stealthy legislation and making sure Texans still have access to the benefits of delta-8 THC.
In this post, we’ll explore why delta-8 THC was banned in Texas and how Hometown Hero has been leading the charge to fight back against it.
Delta-8 Legal Battle in Texas: Timeline of Events
In Texas, Delta-8 THC was effectively banned when the state passed a law classifying it as a controlled substance. This law went into effect on June 10, 2019. However, several businesses in Texas, including Hometown Hero, have been fighting this ban.
The following is a timeline of events leading up to and since the passage of the law banning Delta-8 THC in Texas:
May 28, 2019: The Texas Legislature passes HB 1325, which includes a provision classifying Delta-8 THC as a controlled substance.
June 10, 2019: The law goes into effect.
July 2019: Hometown Hero files a lawsuit against the state of Texas, challenging the constitutionality of the law banning Delta-8 THC.
August 2019: A judge issues a temporary restraining order blocking enforcement of the law. This allows Hometown Hero to continue selling Delta-8 products while the case is pending.
September 2019: The judge extends the temporary restraining order until December 31, 2019.
January 2020: A trial date is set for February 3, 2020.
Is Delta-8 THC Currently Legal in Texas?
Delta-8 THC is currently legal in Texas. However, the state’s new laws on cannabis and hemp may change that. The Texas Legislature recently passed a bill that would make it illegal to possess, sell, or manufacture delta-8 THC, starting September 1, 2021.
The bill was passed in response to the increasing use of delta-8 THC products, which are legal under federal law but banned in some states. Delta-8 THC is a cannabinoid found in hemp plants.
It is similar to delta-9 THC, the active ingredient in marijuana, but it is less potent and does not have the same psychoactive effects.
Delta-8 THC products have been growing in popularity due to their perceived medical benefits and lack of psychoactive effects. However, there is little scientific research on the safety and efficacy of delta-8 THC products.
When Does This Ban Take Effect?
The ban on Delta-THC in Texas takes effect on October 1, 2019. However, Hometown Hero and other Texas businesses are fighting the ban. They argue that the ban will have a negative impact on the state’s economy and could lead to job losses.
Is Delta-8 Legal if it Has Less than 0.3% Delta-9 THC?
As of October 1st, 2020, Delta-8 THC is no longer legal in the state of Texas. This is because the Texas Department of State Health Services added it to the list of controlled substances.
However, many businesses are fighting this decision, as Delta-8 THC is a popular product among customers.
Delta-8 THC is a cannabinoid that is similar to Delta-9 THC, but it has a lower potency. It is typically derived from hemp plants and contains less than 0.3% Delta-9 THC. This makes it legal in most states; however, Texas has now classified it as a controlled substance.
The reason for this classification is not clear, but it could be because Delta-8 THC can be used as a psychoactive drug. It is also possible that the state is trying to crack down on all forms of THC, regardless of potencies.
Whatever the reason may be, many businesses in Texas are outraged by this decision. They argue that Delta-8 THC is not a dangerous substance and should not be treated like one.
They are also concerned that this ban will lead to job losses and financial hardship for those involved in the sale and production of Delta-8 products.
What’s the Penalty if I’m Caught with Delta-8?
If you are caught with Delta-8 in Texas, you could face a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000.
Where is This Mentioned in the Law?
In Texas, the only mention of Delta-9 THC in the law is under the definition of “marihuana.” The Texas Health and Safety Code defines marihuana as:
(A) the plant Cannabis sativa L., whether growing or not;
(B) the seeds of the plant;
(C) the resin extracted from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. 
However, there is no mention of Delta-9 THC specifically. This is because Delta-9 THC is a product of cannabis that is created when certain enzymes interact with certain chemicals in the plant.  It is possible that Delta-9 THC could be included under (D), but it is not explicitly mentioned.
Wasn’t a Delta-8 Ban Defeated in the Legislature?
The Texas Legislature recently took up the issue of Delta-8 THC, a compound found in cannabis. After much debate, they ultimately decided to ban the substance. However, this ban was quickly met with resistance from businesses who depend on Delta-8 THC for their products.
One of the most vocal opponents of the ban is Hometown Hero, a Texas-based company that makes CBD products. Hometown Hero argues that Delta-8 THC is a safe and effective way to treat various medical conditions, and that banning it would deprive patients of a valuable treatment option.
Other businesses have also spoken out against the ban, arguing that it will harm the state’s economy and cost jobs. They point to the fact that Delta-8 THC is legal in most other states, and say that Texas risks losing business to those states if the ban goes into effect.
It remains to be seen whether the Legislature will reconsider its decision in light of this opposition, but for now, it seems clear that there is significant resistance to the ban on Delta-8 THC in Texas.
When Did This Change Happen?
The change happened on June 10th, when the Texas Department of Public Safety quietly updated the list of approved medical cannabis products.
Delta-9-tetrahydrocannabinol (THC) was removed as an active ingredient, and any products that contain more than 0.5% THC are now considered contraband in the state.
The move came as a surprise to many patients and businesses, who have been operating under the assumption that THC was legal since Texas legalized medical marijuana in 2015.
The decision to ban THC was made by the DPS without any public input or notice. It’s unclear why the agency decided to make this change, but it appears to be part of a larger crackdown on cannabis in Texas.
In the past year, several CBD companies have been raided and shut down by state and federal authorities, and the DPS has been increasingly aggressive in its enforcement of the state’s marijuana laws.
The ban on THC is having a devastating impact on patients who rely on cannabis for their health. Many people with chronic pain, epilepsy, and other conditions say that CBD products are not effective for them, and that only products with THC provide relief. For many patients, the only option now is to go back to using illegal marijuana from street dealers.
Some businesses are fighting back against the ban. Hometown Hero, a Texas-based CBD company, has filed a lawsuit against the DPS, arguing that the agency does not have the authority to regulate medical cannabis products. The
Can States Pass More Strict Laws on Hemp Products than the Federal Government?
Yes, states can pass more strict laws on hemp products than the federal government. The 2014 Farm Bill allowed states to create their own industrial hemp pilot programs, and many states have done so.
Some states, like Colorado, have passed laws that are even more strict than the federal government’s laws. For example, Colorado requires all CBD products to be tested by an independent third-party laboratory for potency and purity.
Is it Legal to Have Delta-8 THC Sprayed on Hemp Flower?
The recent stealth-ban on Delta-8 THC in Texas has left many people wondering if it is still legal to have the substance sprayed on hemp flower.
The short answer is yes, it is still legal to spray Delta-8 THC on hemp flower in Texas. However, there are a few things to keep in mind.
First, it is important to note that Delta-8 THC is not currently listed as a banned substance in Texas. The state has simply issued a guidance that says Delta-8 THC is not allowed to be sold as a standalone product.
This means that if you want to purchase Delta-8 THC products in Texas, you will need to purchase them as part of a hemp flower product.
Second, it is important to be aware that the guidance issued by the state of Texas does not have the force of law behind it. This means that businesses are free to continue selling Delta-8 THC products as long as they are willing to do so.
However, it is possible that the state could eventually pass a law that makes Delta-8 THC illegal and at that point businesses would need to comply with the new law.
Third, even though Delta-8 THC is not currently banned in Texas, it is still important to be aware of the risks associated with its use.
Delta-8 THC is a psychoactive substance and can cause side effects such as anxiety and paranoia.
What About Delta-8 Gummies and Edibles?
The Texas Legislature snuck a ban on Delta-8 THC into law earlier this year, but Hometown Hero and other Texas businesses are fighting back.
Delta-8 is a cannabinoid found in hemp plants that has similar effects to Delta-9 THC, the main psychoactive ingredient in cannabis. However, Delta-8 is only about half as potent as Delta-9 and does not produce the same “high” feeling.
Some people believe that Delta-8 could be a helpful alternative to medical marijuana for those who do not want to get high but still want the potential therapeutic benefits of cannabis. There is also some evidence that Delta-8 may be helpful in treating cancer.
However, the new law in Texas classifies any product with more than 0.3% Delta-8 THC as a controlled substance, making it illegal to sell or possess.
This has caused a lot of confusion for businesses who sell Delta-8 products, as well as for customers who may now be in possession of illegal substances.
Hometown Hero is one of the businesses fighting back against the ban. The company has filed a lawsuit against the state of Texas, arguing that the ban is unconstitutional.
Hometown Hero also argues that Delta-8 should not be classified as a controlled substance because it is not psychoactive and does not produce the same “high” feeling as Delta-9 THC.
Does This Apply to THCP, THCO, THCV, HHC and Other Cannabinoids Too?
Yes, the new law applies to all cannabinoids, including THCP, THCO, THCV, HHC, and others. The only exception is CBD, which remains legal in Texas.
However, all other cannabinoids are now considered illegal under Texas law. This means that any product containing any of these cannabinoids is now illegal in Texas. This includes products like marijuana-infused edibles, oils, and tinctures.
How Should I Get Rid of My Current Inventory?
If you are a Texas-based business with inventory that contains Delta-9-Tetrahydrocannabinol (THC), you may be wondering how to get rid of it now that the substance has been banned in the state. The good news is that there are options available to you.
One option is to simply destroy your current inventory. This may be the most straightforward option, but it can also be expensive. You will need to dispose of your inventory in a way that meets all local, state, and federal regulations. You will also need to make sure that your employees are properly trained on how to destroy your product safely.
Another option is to try and sell your inventory before the ban goes into effect. This may be difficult, as many people may not be aware of the impending ban.
You may want to reach out to customers who have purchased from you in the past and let them know that you have Delta-9-Tetrahydrocannabinol (THC) products available for purchase. Remember to sell your products before they become illegal!
You could also donate your product to a research facility or medical marijuana dispensary. This option allows you to get rid of your product without having to destroy it. However, it is important to note that donation options may be limited depending on where you are located and what type of product you have.
Does the DSHS Enforce its Rules?
The short answer is yes, the Texas Department of State Health Services (DSHS) does enforce its rules regarding the use of delta-9-tetrahydrocannabinol (THC) in food and beverages.
However, some businesses are fighting against the ban on delta-9-tetrahydrocannabinol, saying that it is a natural product that has been used for centuries and should not be banned.
Delta-9-tetrahydrocannabinol is the main psychoactive ingredient in cannabis. It is what gives marijuana its euphoric effect.
In Texas, delta-9-tetrahydrocannabinol is classified as a Schedule I controlled substance, which means it is illegal to possess, use, manufacture, or distribute.
The DSHS has strict rules in place regarding the use of delta-9-tetrahydrocannabinol in food and beverages. The agency says that any food or beverage that contains more than 0.005 percent delta-9-tetrahydrocannabinol is considered adulterated and must be destroyed.
Some businesses are fighting against the ban on delta-9-tetrahydrocannabinol, saying that it is a natural product that has been used for centuries and should not be banned. One business owner, Tricia Everest of Hometown Hero CBD in Austin, Texas, says she was forced to destroy $60,000 worth of products after the DSHS found
Who Should I Contact to Fight This?
If you’re a business owner in Texas who has been affected by the recent stealth-banning of Delta-THC, there are a few people you can contact to help fight this.
First, you can reach out to your local representative in the Texas Legislature. They may be able to help pass a bill that would overturn the ban on Delta-THC.
You can also contact the Texas Hemp Industries Association. They’re a non-profit organization that is fighting to keep hemp and CBD products legal in Texas.
And finally, you can contact Hometown Hero, a Texas-based company that makes CBD products. They’re working on a lawsuit against the state of Texas over the Delta-THC ban.
Does the DSHS Have the Authority to Ban Delta-8 THC?
The Texas Department of State Health Services (DSHS) does not have the authority to ban Delta-8 THC outright. However, the DSHS has issued a ruling that prohibits the sale of Delta-8 THC products in Texas. This ruling was issued in response to a complaint filed by the FDA about the sale of unauthorized Delta-8 THC products in Texas.
The DSHS is an agency of the Texas state government that is responsible for regulating public health and safety. The DSHS does not have the authority to make laws, but it does have the authority to enforce existing laws and regulations. In this case, the DSHS is enforcing a federal law that prohibits the sale of unapproved drugs.
The FDA has not approved Delta-8 THC for any use. Therefore, it is illegal to sell Delta-8 THC products in any state, including Texas. The FDA has notified the DSHS of complaints about the sale of unauthorized Delta-8 THC products in Texas. In response, the DSHS has issued a ruling that prohibits the sale of Delta-8 THC products in Texas.
Texas businesses that sellDelta-8 THC products are challenging the DSHS ruling. They argue thatDelta-8 THC is not an unapproved drug, and therefore they should be allowed to continue selling it in Texas. They also argue that the FDA does not have jurisdiction overDelta-8 THC because it is not a federally regulated substance.
Why Did DSHS Issue the Ban?
In 2019, the Texas Department of State Health Services (DSHS) issued a ban on the sale of Delta-9-Tetrahydrocannabinol (THC), the active ingredient in cannabis.
The ban was issued in response to an increase in the number of people using THC products, including e-cigarettes and other vaping devices.
The DSHS is concerned about the potential health risks associated with THC use, including addiction, lung damage, and mental health problems. The agency also believes that THC use can lead to more serious illegal drug use.
Some business owners in Texas are fighting the ban, arguing that it will hurt their businesses and cost jobs. They argue that THC is not dangerous and that adults should be able to make their own choices about whether to use it.
What do you think about the DSHS’s decision to ban Delta-9-Tetrahydrocannabinol? Do you agree or disagree with the business owners who are fighting the ban?
Why Are Companies Filing Lawsuits?
Since the 2018 Farm Bill was passed, there has been a lot of confusion about what is and isn’t legal when it comes to CBD and hemp-derived products.
In Texas, lawmakers have taken a particularly hard stance on CBD, recently passing a law that effectively bans all CBD products. This has caused a lot of problems for businesses across the state who sell CBD products, as well as for consumers who use them.
Now, some of those businesses are fighting back. Hometown Hero, a Texas-based CBD company, has filed a lawsuit against the state of Texas over the new law.
The company argues that the law is unconstitutional and puts an unreasonable burden on businesses like theirs. They also argue that it’s not clear what the penalties are for violating the law, which could put innocent people at risk.
This is just one example of the lawsuits that have been filed in response to the new CBD law in Texas. It’s likely that we’ll see more of these cases in the coming months as businesses and consumers alike try to figure out how to navigate this confusing new landscape.
Local Business Impact of the Delta-8 Ban
The sudden ban on Delta-8 THC in Texas has had a major impact on local businesses that sell products containing this cannabinoid.
Hometown Hero, a Texas-based company that sells Delta-8 THC products, has been forced to stop selling its products in the state. Other businesses that sell Delta-8 THC products have also been affected by the ban.
The ban on Delta-8 THC has led to a decline in sales for local businesses that sell products containing this cannabinoid. Hometown Hero, for example, has seen a significant drop in sales since the ban went into effect.
Other businesses that sell Delta-8 THC products have also seen a decline in sales. This decline in sales has had a negative impact on the local economy and has resulted in job losses at some of these businesses.
The sudden ban on Delta-8 THC has also caused confusion and frustration among customers who purchased products containing this cannabinoid before the ban went into effect.
Many of these customers are now unable to find their favorite products and are forced to purchase them from out-of-state retailers or online sellers. This is causing inconvenience and financial hardship for many customers who were relying on these products.
Texas lawmakers need to repeal the ban on Delta-8 THC so that local businesses can resume selling their products and customers can access the cannabinoids they need without having to go through out-of-state retailers or online sellers.
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Consumer Impact of the Delta-8 Ban
The recent ban on Delta-8 THC in Texas has had a major impact on consumers in the state. For many, Delta-8 was their preferred method of consuming cannabis, and the ban has left them scrambling to find alternative products.
In addition to the inconvenience, the ban has also caused prices for Delta-8 products to skyrocket. With demand skyrocketing and supply limited, prices have gone up significantly.
This has been a major financial blow to many Delta-8 users in Texas, who are now forced to either go without their preferred product or pay exorbitant prices. The ban has also put a strain on local businesses who sell Delta-8 products, as they now have to contend with angry customers and dwindling sales.
All in all, the Delta-8 ban has been a major setback for cannabis consumers and businesses in Texas. It remains to be seen how long the ban will stay in place, but for now, it is having a significant negative impact on those who were relying on Delta-8 products.
A Cautionary Tale: The Smokable Hemp Ban in Texas
In 2019, the Texas Legislature quietly passed a bill that added smokable hemp to the state’s list of banned substances. The move came as a surprise to many in the hemp industry, who had been working diligently to establish the crop as a viable agricultural commodity in the state.
The ban has been a major setback for Texas farmers and businesses who were hoping to capitalize on the burgeoning hemp market. However, some enterprising entrepreneurs are fighting back against the ban, including Hometown Hero, a CBD company based in Austin.
Hometown Hero is spearheading a legal challenge to the smokable hemp ban, arguing that it violates the 2018 Farm Bill, which legalized hemp at the federal level. The case is currently making its way through the courts, and many in the hemp industry are watching closely to see how it will turn out.
If Hometown Hero is successful in overturning the ban, it could open up new opportunities for farmers and businesses across Texas. However, even if they lose, it seems clear that the fight for smokable hemp in Texas is far from over.
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Delta-8 THC is a popular cannabinoid and it was recently stealth-banned in Texas without warning. This has caused many businesses to suffer, but local heroes like Hometown Hero are fighting back and trying to get Delta-8 legalized again.
They are working hard to educate the public about the benefits of this cannabinoid and its potential applications for medical use. We hope that their efforts will be successful so that these businesses can thrive again.