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Is Delta-8 Legal or Not?! What you need to know.

Is Delta-8 Legal or Not?! What you need to know.

On Monday, November 8th, Judge Jan Soifer of the Texas 345th District Court granted a temporary injunction against the state of Texas, ensuring that the sale and procurement of delta-8 will, for a period of time, not be a felony offense.

Delta-8 is typically a lab-produced cannabis derivative, found naturally in small amounts in hemp. In 2018, the federal Farm Bill changed the definition of “lawful marijuana extracts” to include any extract with less than 0.3% of delta-9 tetrahydrocannabinol (THC), the main psychoactive compound in marijuana. Since then, Texans have been enjoying legal delta-8 products across the state.

However, on October 15th, the Texas Department of State Health Services announced the classification of delta-8 as a Schedule 1 drug, making the sale and possession of it a felony offense. This left both consumers and retailers shocked, as there had been no forewarning or guidelines publicized by the state before this announcement.

Judge Soifer granted the injunction on the premise that DSHS had not complied with state requirements, however, this is not a permanent ruling. The injunction will last until the case is resolved. A final trial is currently set for January 28, 2022.

Stay tuned to learn about the outcome of legal proceedings regarding the sale and possession of delta-8.


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