Delta-8 Ban in Texas

Hometown Hero CBD and the Texas Hemp Federation are fighting for the legality of Delta-8 THC in Texas. The latest updates can be found on this page.

If you would like to contribute to the fight, consider donating to Texas Hemp Federation here.

List of people and companies that have donated to the lawsuit

Start from the beginning

November 8th, 2021

Injunction Granted!

November 5th, 2021

Travis County 345th District Court Hearing Update 11/5

October 26th, 2021

Texas Delta 8 Update 10/26

October 25th, 2021

Texas Delta 8 TRO Update 10/25

October 22nd, 2021

Court Hearing Update on Delta-8 Status in Texas 10/22/21

October 22nd, 2021

Texas Delta-8 Update on Court Hearing 10/22/21

October 22nd, 2021

Hearing is scheduled for today at 1 PM CT. Tune into the livestream here:

Travis County 261st District Court Live Stream

October 21st, 2021

The court schedules a hearing with Hometown Hero CBD, the Texas Hemp Federation, our attorneys, as well as, representatives from DSHS, and other representatives of the state of Texas. The date of this hearing is October 22nd, 2021, at 1 PM CT. This hearing will take a few hours to complete. Once the court has heard the arguments, the judge should make their ruling promptly afterward.

Video update from Lukas Gilkey:

October 21st, 2021

UPDATE: Delta-8 Status in Texas October 21st 2021

October 20th, 2021

Hometown Hero CBD files the temporary restraining order with the court and receives a case number. The court grants the state the ability to respond.

October 18th, 2021

Lukas Gilkey, CEO of Hometown Hero CBD, releases a statement on YouTube regarding the recent update to DSHS’ website. In his statement, Lukas discusses what this update on DSHS’ website means for the industry and Hometown Hero’s plans to file a temporary restraining order and lawsuit against the state of Texas and DSHS.

Lukas Gilkey's statement

October 15th, 2021

The Texas Department of State Health Services updated their Consumable Hemp Products - Frequently Asked Questions page to include a section stating that Delta-8 THC was not legal in the state of Texas.

The section reads:

Can consumable hemp products in Texas contain Delta-8 tetrahydrocannabinol (THC)?

No. 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.

Complaints regarding controlled substances should be referred to law enforcement. DSHS has no regulatory authority over controlled substances.


After this change was published, Hometown Hero CBD immediately started work on putting together a temporary restraining order against the state of Texas and DSHS, as well as working on a lawsuit.

Hometown Hero CBD and the Texas Hemp Federation join forces with Bayou City Hemp.