Discussing Our Texas Delta-8 Lawsuit & Hemp THC Legality

If you’ve been with us for a while, you’d know that we have an ongoing lawsuit against the State of Texas regarding attempts made by the Texas Department of State Health Services (DSHS) to ban Delta-8. So what’s the status of this lawsuit? What factors might come into play? And how does the Texas hemp industry move forward?

Find out all of this in more as Hometown Hero CEO and Co-Founder Lukas Gilkey sits down with attorney David Sergi to discuss all of this and more in the video below: 

Spring 2021 - Delta-8 in the Texas Legislature Session

For those unfamiliar or who need a bit of brushing up, the Texas Legislature meets every odd-numbered year and lasts 140 days. In the last session (2021), there were two attempts, HB 3948 and HB 2593, to ban Delta-8 THC products. Fortunately, for hemp enthusiasts and the industry alike, both attempts failed. 

October 2021 - DSHS Declares Delta-8 a Controlled Substance

After the failure to ban Delta-8 in the Texas Legislative Session, the Texas Department of State Health Services (DSHS) took lawmaking into its own hands and declared the hemp-derived cannabinoid illegal on its website. DSHS is a government agency, not an elected official or a group of elected officials. This action threw the Texas hemp-derived cannabinoid industry into complete disarray. 

November 2021- Hometown Hero Gets a Temporary Injunction

Following the DSHS’s declaration of Delta-8 as a controlled substance, Hometown Hero filed a lawsuit against the state of Texas. After a hearing involving Hometown Hero, its hemp industry allies, and U.S. veterans, a Travis County judge granted a temporary injunction. This temporary injunction allowed for the undisturbed sale and manufacturing of Delta-8 products in the Lone Star State. 

December 2021 - Texas Supreme Court Denies Delta-8 Hearing

After the court granted the temporary injunction, the DSHS tried to get the Texas Supreme Court to intervene and get their Delta-8 ban reinstated. However, the Texas Supreme Court denied this request, thus leaving the matter in the appellate court. 

Present - Case Remains in Appellate Court

Hometown Hero and the rest of the Texas hemp industry are waiting for the appeals court to tell us what to do regarding the lawsuit (a briefing notice). This back-and-forth exchange between the parties involved is a lengthy process that can go on for over a year. And then, there are the factors of what goes on in the 2023 Texas Legislature Session, guidance from federal agencies, and what Congress might do.