In Texas, marijuana remains illegal, but a smokable form of hemp, known as Delta-8 THC, has become widely available and popular among consumers. Now, the state is taking steps to remove this product from the market, despite existing legislation that legalized hemp derivatives.
The controversy centers around Delta-8 THC, a hemp-derived compound that provides a mild psychoactive effect similar to marijuana. While the 2018 Farm Bill federally legalized hemp and its derivatives, Texas is attempting to ban the smokable flower, arguing that it resembles marijuana too closely and poses regulatory challenges.
Cynthia Cabrera, representing the Texas Hemp Business Council, criticizes the state’s move, calling it inconsistent with Texas’s reputation as a business-friendly state. “In this case, they’re picking winners and losers, and that’s not fair,” Cabrera asserts. She argues that the legal battle has created significant uncertainty for businesses and consumers alike.
The conflict has escalated to the Texas Supreme Court, where a lawsuit challenging the state’s attempt to ban Delta-8 THC is pending. The Attorney General’s office had a deadline this week to respond to the lawsuit, but it has been pushed back to August, further prolonging the uncertainty surrounding the issue.
Cabrera highlights the broader implications of the case, stating, “This legal battle has created a sense of uncertainty.” She emphasizes that the state’s actions are contrary to the supportive environment typically fostered for businesses in Texas. The delay in the court’s decision means that hemp businesses and consumers remain in limbo, awaiting a resolution that could significantly impact the industry.
The outcome of this legal battle will set a precedent for the regulation of hemp-derived products in Texas. Supporters of Delta-8 THC argue that it is a legal and safe alternative to marijuana, while opponents claim it circumvents the state’s prohibition on cannabis.
As the state Supreme Court prepares to hear the case, the debate continues over the legality and regulation of Delta-8 THC. The decision will have far-reaching consequences for the hemp industry in Texas and potentially influence similar legal battles in other states.
