The immensely popular and profitable version of tetrahydrocannibinol known as delta-8 continues to catch the attention of state governments, where Texas regulators are the latest state to add delta-8 THC to its list of schedule I narcotics. Delta-8 was arguably legalized on a federal level by the 2018 Farm Bill so long as the product is derived from hemp, not marijuana. However, the 2018 Farm Bill only created a floor for the regulation of hemp, and states are within their authority to regulate hemp more strictly than the federal government. So while delta-8 might be federally legal, Texas now joins a growing list of states who have singled out the chemical compound and classified it as a controlled substance. This change increases the risk for brick and mortar as well as e-commerce retailers who sell delta-8 products in Texas.
Three years after federal legislation removed the marijuana extract known as delta-8 THC from the nation's list of controlled substances, Texas health officials have put it on its own list of illegal drugs, sending a shockwave through the growing CBD retail industry across the state and making the substance, essentially, illegal.