Texas in the News Quiz November 15, 2021

Delta-8 Illegal

With little fanfare, the Texas Department of State Health Services notified the public that delta-8, an extract that has lower than 0.3% tetrahydrocannabinol (THC), the active psychoactive ingredient in marijuana, was illegal. The agency placed a notice of the rule change in the Texas Register adding delta-8 as a controlled substance in Texas. Delta-8 was thought to be legal in Texas after Governor Greg Abbott signed legislation legalizing any hemp product with less than 0.3% THC. The 2018 federal farm bill made the substance legal because of its low THC content.

The move by TDSHS set off alarm bells to industry officials who didn’t see the change coming (in part because of the way the notification was produced) and retailers who were selling the product on their shelves. Part of the reason was that the notice wasn’t publicized, so many did not receive notification. The agency argues that the drug has no medical purpose (a controlled substance like LSD or heroin) and should be banned in the state.

Read more to find out about the decision and how state and delta-8 providers navigate state and federal laws:


. What argument are purveyors of delta-8 using to challenge Texas' ruling in court?

. Products with less than _______ THC would be legal in Texas.

. Delta-8 is a form of THC and is derived from legally grown

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