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Texas & Delta-8 THC Legality

Following a lengthy and grueling struggle between state politicians and delta-8 merchants, delta-8 is now temporarily allowed in Texas. Texas lawmakers sought to outlaw delta-8 goods with House Bill 2593 in September. This measure would have set a restriction of 0.3 percent for all tetrahydrocannabinols, making the production of effective delta-8 THC products nearly impossible. The bill, thankfully, did not pass and died in the legislature. However, the Texas Department of State Health Service (DSHS) revised its website more than a month later, declaring that delta-8 is an unlawful restricted chemical that is forbidden in the state. Hometown Hero, an Austin-based delta-8 vendor, sued the DSHS and requested an injunction against them.

In November, the court granted Hometown Hero’s application for a temporary injunction, placing delta-8 as legal for the time being.

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