October 25, 2021 | less than a minute read

Delta 8 THC Prohibition Spreads

Senior Associate, Co-Leader, Cannabis

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.

www.texastribune.org/...

Tweets on this subject

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. https://t.co/TjR56d9Igk
— Texas Tribune (@TexasTribune) October 21, 2021

After Texas clarifies delta-8 is illegal, businesses promise legal action | The Texas Tribune https://t.co/kUkTEOxSW5 #cannabis
— Cannabis Biz News (@CannabisBizNews) October 25, 2021

DELTA-8 BAN: #Texas health officials rule cannabis extract #Delta8 is illegal to sell instead, despite federal approval, leaving retailers scrambling@TexasTribune
-Southern politics are on the menu at ChickenFriedPolitics.com-https://t.co/jlom9Ke1MV
— ChickenFriedPolitics (@ChkFriPolitics) October 25, 2021

Cannabis extract delta-8 was thought to be legal in Texas after certain hemp products were decriminalized. But a state agency has classified it as a controlled substance, sending retailers who’ve been selling the product scrambling. Via @Kevinreynolds30: https://t.co/SPLmwjtFlj
— Brandon Formby 📝 (@brandonformby) October 21, 2021