Last week, the Texas Department of State Health Services added a notice to its website that some THC products are still illegal in Texas, and shops in Texas are now responding. DSHS posted the notice on a page for its Consumable Hemp Program.
"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," DSHS wrote.
Delta-8 is extracted from cannabis plants and sold as candy or in vape cartridges. The 2018 Farm Bill legalized hemp products at the federal level.
In 2019, Governor Greg Abbott signed a bill in Texas legalizing hemp products with less than .3% concentration. The bill did not single out any individual cannabinoids.
With the update to the DSHS website, though, some CBD and vape shops are asking for clarification.
"We do not want our customers to panic, but we do not know the outcome and implications of this change. We are currently reviewing this and will keep everyone updated," Artistic Organics CBD Wellness of Frisco wrote in an email to customers.
The business urged customers to email DSHS Commissioner John Hellerstedt or their state lawmakers.
"Legislators made no change to Texas state law re: Delta-8 during the 2021 legislative session, but legality remains unclear," Texans for Responsible Marijuana Policy posted on its website.
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