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Hometown Hero Fights for Delta-8 Legality in Texas

Hometown Hero Fights for Delta-8 Legality in Texas

Table of Contents

As you may know, Hometown Hero is a veteran-owned distributor and manufacturer of Delta-8 THC products located in Austin, Texas.

If you are a Delta-8 THC enthusiast in Texas (or just a fan of our products), you may have been biting your nails well into the Memorial Day Weekend of 2021.

That’s because if passed, HB 3948 would have banned Delta-8 THC products in the Lone Star State.

The good news is that the bill died.

What you may not have known is that Hometown Hero was working behind the scenes to fight the proposed ban of Delta-8 THC in Texas.

So if you’re looking for a simple rundown about the bill and you’re curious about how we helped put a stop to it, you’ve come to the right place.

Here, we’re going to go over:

  • What was HB 3948, and how would it have banned Delta-8 THC?
  • Delta-8 legality in the United States
  • How did Hometown Hero fight against Delta-8 prohibition in Texas?
  • How did HB 3948 fail in the 2021 Texas Legislative Session?
  • The future of Delta-8 THC in Texas

Let’s go.

What Was HB 3948, and How Would it Have Banned Delta-8 THC?

If you’re unfamiliar with Texas politics, or you’re looking to brush up on it, it’s good to know that the Texas State Legislature convenes on regular sessions on odd-numbered years.

A legislative session occurred this year.

One of the proposed laws was House Bill 3948. In a way, the bill was a bit of a double-edged sword.

Early on, the bill had a broad range of support from farmers and hemp-based businesses as it expanded hemp research in Texas.

First, it passed through the House.

When it reached the Senate, they amended it to ban synthetically derived acids, isomers, and salts of tetrahydrocannabinol.

At Hometown Hero, we extract our Delta-8 THC directly from large quantities of hemp.

However, this naturally occurring Delta-8 THC is still an isomer of Delta-9 THC.

In layman’s terms, as a chemical, Delta-8 THC has the same “formula” as Delta-9 THC but in a different arrangement.

HB 3948 would have banned Delta-8 THC.

Delta-8 Legality in the United States


We’re not going to beat around the bush.

The threat was real.

Delta-8 is banned, or its legality has been under threat in many states across the U.S.

Yes, the 2018 Farm Bill legalized Delta-8.

However, as of June 4, 2021, Delta-8 is banned in the following states:

  • Alaska

  • Arizona

  • Arkansas

  • Colorado

  • Delaware

  • Kentucky

  • Idaho

  • Iowa

  • Mississippi

  • Montana

  • New York

  • Rhode Island

  • Utah

  • Vermont

  • Washington

You may be scratching your head just looking at this list.

In 2012, Washington and Colorado became the first states to legalize recreational marijuana.

So why was it banned in these states?

Protecting Delta-8 legality doesn’t just mean facing the traditional opponents of cannabinoids.

It also means going up against the recreational and medical marijuana industries who view the hemp industry, CBD, and Delta-8 THC as potential competitors.

It’s a fight coming from multiple directions, but we were more than willing to step up to the plate.

How Did Hometown Hero Fight and Win Against Delta-8 Prohibition in Texas?

You didn’t know that we were fighting against HB 3948 and for a good reason.

We had to stay quiet about it.

However, for a good idea about how we stood up against Delta-8 prohibition, here’s a statement from Hometown Hero CEO Lukas Gilkey:

“I apologize that we were not more public with our strategy, but because of the nature of politics, it was best that we stayed quiet about our efforts. It turns out we needed a lot of money and key players to make this happen as there were groups fighting to make Delta-8 illegal. One hemp advocacy group and one medical marijuana company chose to fight us head-on. Despite being a very young industry, we proved that the Delta-8 industry is capable of fighting overreaching and unnecessary cannabis regulation,”

- Lukas Gilkey

We can’t take all the credit, though.

We had help from many great brands and organizations, including:

  • Texas Hemp Federation

  • Coats Rose Law Firm

  • Texas Hemp Coalition

  • Delta Effex

  • Treetop Hemp Co

  • Honeyroot

  • Eighty Six Brand

  • Pinnacle Hemp

These organizations and companies are heroes to us and should be to you as well.

They are the reason Delta-8 is still legal in Texas.

So we highly recommend that you send them some business and give them a big thank you in the process.

How Did HB 3948 Fail in the 2021 Texas Legislative Session?

tripping over shoelaces

In short, the bill tripped over its shoelaces.

As mentioned earlier, the bill had significant provisions such as expanding hemp research, allowing hemp feed, and more.

It passed through the House, but the Senate amended it.

When this occurs in the Texas Legislature, the bill needs to go to a conference committee.

In other words, the House agreed on the bill, the Senate changed it, which meant that they had to go back to decide on the changes.

No one could agree on HB 3948, the 2021 Texas Legislative Session deadline passed, and the bill died.

The Future of Delta-8 THC in Texas

The legislative session is over.

We fought, and we won.

Delta-8 THC is legal in Texas until at least 2023.

Although 2023 feels like it’s in the distance, you can guarantee that Hometown Hero and our allies are already gearing up for another fight.

We want to give great thanks to our friends and our customers.

It’s because of you that we can continue making high-quality Delta-8 THC products while supporting those who have served our country.

It’s because of you that we will continue to fight.

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