TX Delta-8 Debate - Legal or not?

TX Delta-8 Debate - Legal or not?


I’m Lawyer Alexandria Serra, this is Lawyer Talk Thursday (catch it every week on Instagram @alexandriaserra), and this week, I'm discussing the Texas Delta-8 debate.


You’ve been hearing a lot about Delta-8 lately. Here’s what you need to know:


What to know:

  1. The black letter law didn’t change. There’s no new law that makes Delta-8 illegal. What changed was the interpretation of the law already on the books. Our legislative branch makes laws, our executive branch decides how laws are enforced.


  1. The Texas Department of State Health Services changed the enforcement game. They issued an opinion stating that Delta-8 is illegal. Without much notice, TXSHS posted the update on the homepage of their website. Their theory is that because TX law says that only Delta-9 is legal in quantities of .3% or less, Delta-8 is illegal in all quantities.


  1. Possessing it is a risk. Since TXSHS can enforce a Delta-8 ban, if you’re a retailer, you’re taking a risk by stocking products … for now. If you’re a consumer, D8 shows up just like D9 in field tests and drug tests.


Good news for cannabis advocates: lawsuits have been filed trying to stop TXSHS from enforcing its ban. So far, a court in Travis County denied a CBD retailer’s request for a temporary restraining order (not good). The next hearing is on November 5th. Ultimately, the courts will decide who’s right.


Remember, if you’re charged with a cannabis-related crime in El Paso County, I’ve got your back.


Ask questions and share your opinion or you're looking to hire? Email me at: info@serralawpllc.com