Hemp businesses could be impacted as legal battle over Delta-8 goes to Texas Supreme Court

HOUSTON, Texas (KTRK) -- It's not unusual to find Delta-8 products inside smoke shops in the State of Texas these days. They're pretty common in gas stations too.

You might be surprised to learn that the Texas Department of State Health (DSHS) Services attempted to ban Delta-8 in 2021.

The ban didn't go into effect due to legal opposition, but it's made its way to the Texas Supreme Court.

That court will decide whether or not DSHS has the right to enact such a ban.

Chris Tomlinson has covered the issue with ABC13's partners at the Houston Chronicle.

"The Texas Supreme Court does not follow any particular schedule," Tomlinson said about when a decision could be reached. "But we should expect one in the next few months."

Tomlinson said Delta-based products such as gummies and oils would be banned if DSHS is allowed to follow through with their original plan.

"Basically anything you ingest through your mouth or nose that makes you feel any kind of pleasant sensation would be illegal," Tomilson said.

Tomlinson said that does not include CBD-based products.

Hemp-derived cannabis products, which include Delta-8, have an annual economic impact of $8 billion in Texas according to research from the Texas Hemp Business Council.

A smoke shop employee who spoke to ABC13 said many shops like his would close if this plan from DSHS came to fruition.

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