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2022
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The last few months have been an uphill battle for Delta 8 THC (a legal form of THC) and the Texas-based companies who sell it. Earlier this year, the Texas Department of State Health Services filed a request to eliminate the sale of Delta 8 THC in the state of Texas, temporarily bringing small-business sales to a halt. Delta 8 THC is derived from the hemp plant, making it Federally legal by way of the 2018 Farm Bill. Delta 8 THC is in fact psychoactive, and most consumers (aging from 21+) tend to prefer it over Delta 9 THC for both recreational and medicinal purposes. For more than two years, small Texas businesses and their customers have relied on the Farm Bill’s provisioning and its designation to the legality of Delta 8 THC. In late October, DSHS abruptly specified that Delta-8 is a Schedule I controlled substance, therefore illegal in Texas. The DSHS statement says, “Texas Health and Safety Code Chapter 443 (HSC 443), stabled by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I Controlled substances.” Without consideration to the economic impact,
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What does the future look this “overnight ruling” was like for Delta 8 THC? quickly scrutinized and deemed reckless by Texas-based hemp For now, DSHS is companies as they were left continuing its efforts in the scrambling, finding ways to keep pursuit against Delta 8 THC their doors open and employees and will once again plead its paid. With 100s if not 1000s case in January. Fortunately for of businesses being based Texas-based hemp providers, out of Texas, this seemingly Delta 8 THC is seemingly permanent ruling would resilient and has continued to completely cripple the Texas fight back and win. hemp industry and potentially Bret Worley is the President have a nationwide catastrophic of MC Nutraceuticals, a Texasripple effect. based wholesale provider In true Texas fashion, several to cannabinoid consumer Texas-based business owners brands. During an interview, banded together to fight the Texas-based hemp companies like Nature’s Mr. Worley stated “Given the Texas DSHS and their injunction Purpose CBD are fighting the DSHS. fact that we’re Texas-based to completely prohibit the sale and our core business is of Delta 8 THC. According to wholesale, we are extremely NBC DFW Channel 5. “A Texas district judge ruled concerned about this matter with DSHS for both ourselves on Monday in favor of removing Delta-8 THC from and our clients. At this point, we are quite confident that the state’s list of controlled substances until the court the fight will persist for the next six months without a final determines whether the state followed the law when it decision. I personally believe that given all the hard work ruled the hemp-derived products illegal.” the companies fighting the DSHS are putting in for this Considered to be a victory for Texas-owned hemp fight, we have a good chance. The most I can ask for the businesses, the overturning of this injunction is consumer is please support your Texas-based brands for temporary. – In-light of the court ruling, DSHS filed the Delta 8 THC and other hemp products.” a motion with the Texas Supreme court to reinstate If you’d like to support Texas-based hemp a ban against Delta 8 products. As such, Hometown companies, consider supporting those who are Hero then filed a lawsuit against DSHS stating the contributing resources to push back on DSHS including health agency did not adequately notify retailers of the CBD Farmhouse, Hometown Hero, Nature’s Purpose changes and was unjust. CBD, or Vivimu, for example. Cour tesy Vivimu
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