Texas Supreme Court allows it

Key Points:

• The Texas Supreme Court ruled that state regulators can criminalize Delta-8 THC, reversing a lower court decision and allowing the Department of State Health Services (DSHS) to enforce 2021 rules classifying Delta-8 as illegal.
• This ruling impacts products containing Delta-8 THC, commonly found in gummies, candies, and vape products, and affirms DSHS's broad authority to regulate controlled substances under the Texas Controlled Substances Act.
• Separately, a Travis County judge granted a temporary injunction against new DSHS restrictions that would increase fees for retailers and limit Delta-9 sales, effectively blocking a ban on smokable hemp for now.
• The new DSHS regulations, issued under Gov. Greg Abbott’s direction, raised fees significantly and restricted out-of-state hemp materials to curb industry abuses and fund inspections, but the injunction challenges their legality without legislative approval.
• The Texas hemp industry faces significant challenges amid these rulings, including a nationwide ban on intoxicating hemp products and increased regulatory scrutiny, though the temporary injunction offers some relief to retailers.