Delta 8 temporarily removed from Texas' list of controlled substances, judge rules

An Austin judge temporarily removed Delta 8 from Texas' list of controlled substances Monday, the latest development in an ongoing fight over the legality of "weed light" in the state. The order also excised recent modifications to the definitions of "tetrahydrocannabinols" and "marihuana extract" from the state's list of controlled substances, which further jeopardized Delta 8's legal status.

The temporary injunction will be in place until a full trial determines if the Texas Department of State Health Services followed the law when it ruled in January that Delta 8 THC was to remain an illegal substance.

Delta 8 is considered an isomer of Delta 9 THC, the main psychoactive ingredient in marijuana. Manufacturers, retailers and consumers believed that Delta 8 was made legal under the 2018 federal Farm Bill and a new state law in 2019 legalizing hemp. Texas state attorneys, however, argue that Delta 8 is and always has been illegal.

Attorneys for Austin-based Hometown Hero CBD, a hemp manufacturer and retailer, are arguing that the state department failed to properly notify the public about a hearing that ultimately determined the fate of Delta 8 as a controlled substance, which was attended by no one.

Attorneys for Hometown Hero sued State Health Services in October, claiming they only knew of the changes after the department's website page on the Consumable Hemp Program was updated Oct. 15 to reflect the decision.