Texas Hemp Coalition bring attention to the hemp derived Delta 8 issue in Texas.

Texas Hemp Coalition bring attention to the hemp derived Delta 8 issue in Texas.

October 21, 2021

For Immediate Release:

With the recent discussions on the topic of Delta 8 in Texas, the Texas Hemp Coalition would like to bring attention to this topic to shed light on factual information around hemp derived cannabinoids in the state of Texas.

Many consumers and business owners are rightfully concerned about whether Delta 8, or any other hemp derived THC isomers are legal to be manufactured, sold, or consumed in the state of Texas. We are not attorneys and cannot give any legal advice; but what we can do is shed further light on the confusion surrounding this issue. We suggest you seek legal counsel for specific areas of question or concern.

Attorney Richard Y. Cheng with Weaver Johnston Nelson, PLLC had this to say on recent developments, “The Delta-8 market is a controversial topic in Texas, particularly in the cannabis communities. It is a burgeoning market and has created viable economic opportunities for hemp-based businesses. When you review and compare DSHS regulations, applicable statutes, particularly Chapter 481 of the Texas Health & Safety Code, coupled with the questionable procedures DSHS used to garner comments on Delta-8, there are serious concerns and ambiguities regarding the legal status of Delta-8 products. Further, the Texas legislature had an opportunity to develop laws that explicitly make Delta-8 THC illegal with less ambiguity, but that didn’t happen, so it is confusing for consumers and businesses to understand the legal status. In short, these legal issues are unsettled, and industry stakeholders are likely to challenge the validity of DSHS regulations through the judicial process.”

Regarding to the statements on arrests due to this issue, we recommend that those participating in the industry, through business or consumption, take the time to inquire with their local law enforcement as to their position on the matter locally to ensure complete transparency on the legalities of their business. It is through transparency, communication, and education that we will all be able to move forward together with our local public servants.

The Texas Department of State and Health Services (DSHS) included this recent statement on their website:

“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances. A list of Schedule I controlled substances can be found at the following link: Schedule I Controlled Substances.”

The opinion of DSHS on this matter has not changed, nor did they during the latest legislative session where we celebrated a victory in protecting these hemp derived products, including Delta 8 THC from being outlawed in statute. L, Hemp, are federally legal and are not in any form a controlled substance. This Furthermore, it needs to be clear to Texas Law Enforcement that all derivatives, salts, isomers of Cannabis Sativa clarification will better allow law enforcement to allocate their time and resources toward crime and illicit substance abuse that is proliferating across the state.

It is important to understand that DSHS is not a law-making entity. In the State of Texas, they work diligently to improve the health, safety, and well-being of Texans through good stewardship of public resources, and a focus on core public health functions. We support this mission, and it is clear more education is necessary to achieve these goals together regarding hemp derived cannabinoids.

We look forward to dialogue with those agencies working to protect the health and well- being of our persons and the planet. Hemp, and its downline products, including non- controlled cannabinoids like Delta 8 THC, provide tremendous benefit to Texans and Texas, in the form of economic stimulus, job creation and wellness options not available until recently. It is in this spirit of collaboration that we ask DSHS to work with industry to provide a framework of accurate labelling to better educate the consumer on their product purchase options.

Let’s continue to create jobs and protect Texans in a framework of cooperation for the betterment of Texas. We welcome that dialogue.


Texas Hemp Coalition