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:
- 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.
- 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.
- 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: email@example.com