Over the last couple of days we’ve read multiple news stories about “Texas Bans Delta 8” and heard from multiple customers with questions about the legality of Delta 8 in Texas.
With headlines like these:
Delta-8 THC is illegal, Texas Department of State Health Services says
Texas’ ban over once legal hemp product, Delta 8, raises questions over legality
Delta-8 THC is considered an illegal substance in Texas
Have a lot of buyers and sellers on edge, but is it really illegal or this a rogue government agency making rules without the authority to do so?
I’ve personally scoured through the Chapter 443 the DSHS is quoting about the legality of Delta 8. However, Chapter 443 nor the Schedule 1 Substance list ever mention Delta 8 or “Other Isomers” as they’re calling them. The only mention of the Delta 8 legality is on the DSHS website under the hemp section.
However, we at Miracle Meds CBD don’t believe that the DSHS has the authority to update their website with a section and completely criminalize a substance that is derived from hemp and has been 50 state legal since the 2018 Farm Bill took effect. We will continue to sell Delta 8 products until there is an actual ruling on Delta 8.
DSHS previously tried doing this same thing with smokable hemp. They were sued and lost. The smokable hemp ban was lifted until this year. Read more about that here.
If Texas bans Delta 8, it will hurt a lot of businesses and people. A lot of my customers use Delta 8 products for chronic pain, cancer symptoms, PTSD, Insomnia, ect… Yes, there might be a few out there that abuse Delta 8, but the benefits outweigh the negatives by a large margin.
Update 10/28/21
We’ve gotten an update from our distributor, we will no longer sell or ship any Delta 8 items to residents in the State of Texas. We will still continue to sell and ship to out of state customers. Hopefully we’ll know more after the upcoming hearing on November 5th 2021.
Check back often for more news and updates. I’ll be updating this post when new information is released.