A judge in Austin has issued a ruling that will keep Texas from enforcing its ban on a cannabis extract.
The Texas Department of State Health Services lists the product Delta-8 THC as a schedule one drug, in the same class as drugs like heroin or ecstacy.
A dispensary in Austin sued to keep selling the cannabis extract, and a judge has now granted a temporary injunction blocking enforcement from state officials.
Hometown hero dispensary's Lucas Gilkey posted a video on YouTube (above) celebrating the ruling.
The dispensary argued the the Department of State Health Services did not give retailers enough notice about classifying Delta-8 as a schedle one drug.
State Health officials argued since the Texas Legislature did not mention Delta-8 specifically in a law passed in 2019, that law was not intended to allow for its sale.
The notice created confusion among those who have used and sold Delta-8 products for months, according to NBCDFW.com.
Both state and federal definitions of hemp allow for 0.3% or less of Delta 9 THC.
The state can appeal the decision.
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