Delta-8 sales may temporarily resume in the state of Texas

In mid-October, the Texas Department of State Health Services declared on their website that Delta-8 THC in any concentration was a Schedule I controlled substance.

AUSTIN, Texas - Delta-8 sales may temporarily resume in the state of Texas.

Monday, Travis County Judge Jan Soifer of the 345th District Court granted a temporary injunction to Hometown Hero, an Austin-based CBD and Delta-8 company fighting to keep the cannabinoid legal.

"We got the injunction, we are good to go, and you are free to sell Delta-8 in Texas as of right now," said Lukas Gilkey, CEO of Hometown Hero CBD.

Delta-8 THC is illegal, Texas Department of State Health Services says

Delta 8 is a cannabinoid sold as edibles, tinctures, pills, topical ointment, you can smoke it and vape it. Most CBD dispensaries and vape stores sell it.

In mid-October, the Texas Department of State Health Services declared on their website that Delta-8 THC in any concentration was a Schedule I controlled substance.

The decision threatened to devastate small business owners like Oz Millman of Austin’s Green Herbal Care. "A big percentage of our sales is Delta-8. I would say roughly 80-90 percent," he explained.

The case will be back in court at the end of January.

"We’re gonna keep fighting and win the war," said Millman.

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