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 an illegal substance.
• Delta-8 THC, a milder intoxicating compound found in many hemp products like gummies and vapes, will be affected by this ruling, which also confirms broad regulatory authority for DSHS over controlled substances.
• Separately, a Travis County judge granted a temporary injunction against new DSHS restrictions that would increase fees for hemp retailers and limit THC-A sales, potentially preventing a ban on smokable hemp, though this decision may be appealed.
• The Supreme Court emphasized that the Texas Controlled Substances Act gives the DSHS commissioner significant discretion in regulating controlled substances, rejecting claims that banning Delta-8 exceeded regulatory authority.
• The ruling comes amid challenges for Texas’s hemp industry, which has faced federal and state scrutiny, but the temporary injunction offers some relief by allowing certain products to remain available on shelves for now.