Texas Temporarily Stop Enforcing Delta-8 THC Hemp Product Ban

Texas Temporarily Stop Enforcing Delta-8 THC Hemp Product BanThe laws surrounding cannabis and hemp-based products in the USA vary from state to state. While many states have legalized not only possession and use of cannabis but also permitted the growth of a number of plants in the home, others have decriminalized the use of the substance. Yet more, of course, still have laws that make using or having on one’s possession even the smallest among of weed a criminal offence.

Texas is one state in which the use of cannabis is still a crime. This is why established online stores such as Vape4ever are hoping Texas falls into line with other states and allows for the use of cannabis for personal use. Some hemp-based CBD products are allowed. However, a recent change in the law saw products with the classification Delta-8 being banned. What’s it all about? Let’s move on and have a look.

Why Was the Ban Enforced?

The reason why the ban was enforced is confusing but is inspired by the fact Delta-8 products contain an amount of tetrahydrocannabinol, or THC. This is the psychoactive element in the marijuana plant the produces the familiar ‘high.’ The courts found that according to state law such products exceeded the THC limits permitted and ruled them illegal.

This had a detrimental effect on many brands who had such products, including a leading brand called ‘Hometown Hero’ which mainly sold Delta-8 products. They launched an injunction against the courts insisting that the ban on Delta-8 – a stronger form of THC than others – was not within federal laws. The courts found that there is more needed to come to a definite conclusion and upheld the Hometown Hero case.

The ban on Delta-8 products is now temporarily withdrawn. What does this mean for retailers and users?

What does the Injunction Mean?

As founder of Hometown Hero Lukas Gilkey said in a video announcing the injunction:

“We got the injunction. We are good to go. You are free to sell delta-8 in Texas as of right now.”

It would appear that they and other such brands believed any product that contained any level of THC to the required 0.3% dry weight would be legal in the state of Texas. It seems that there is considerable confusion over the applicable laws and what they decree, and this needs to be cleared up to avoid any further mishaps in the market.

It is worth remembering that while cannabis is legal in certain states it is still considered and illegal substance in US Federal Law, a further confusion that adds to the complexity of cannabis in the USA.

Is Cannabis Legal in Texas?

This confusion surrounding the legality of cannabis in Texas can be summed up: at present, it is against the law to purchase, possess or use cannabis in the state, or to grow plants in your home. However, according to the latest injunction, all types of CBD product made from hemp and containing under 0.3% THC are presently legal to sell and use in Texas. It is certainly worth keeping an eye on the situation as it is sure to change, and you want to remain on the right side of the law when enjoying your CBD products.


The Delta-8 confusion comes about as the USA is split into states, many of whom are akin to different countries to others. The mixture of legal and illegal status and of decriminalized weed and CBD makes it difficult to keep up with the changes. For now, you can sell, buy, or use Delta-8 THC products in the state, but that may not be the case for very long.

Exit mobile version