Texas judge allows legal sale of delta-8 products—for now

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In the ongoing saga of delta-8 THC sales in Texas, on Monday a Travis County district court judge lifted a temporary injunction on legal delta-8 sales. That effectively makes the sale of delta-8 THC products legal statewide—at least until a lawsuit on the matter gets its full hearing in early 2022.

This particular battle began in Jan. 2021, when the Texas Dept. of State Health Services declared that delta-8 THC was an illegal substance across the state.

That ruling was challenged by Hometown Hero, an Austin-based manufacturer of hemp-derived products, some of which include delta-8 THC. Austin is located in Travis County.

Leafly’s Max Savage Levenson recently took a deeper dive into the Texas delta-8 controversy, and Hometown Hero’s challenge, in an article posted here.

The Houston Chronicle posted the judge’s full ruling regarding the temporary injunction earlier today.

The lawsuit is expected to get its first full court hearing in Jan. 2022. Check back with Leafly for continuing coverage of this battle.

Bruce Barcott's Bio Image

Bruce Barcott

Leafly Senior Editor Bruce Barcott oversees news, investigations, and feature projects. He is a Guggenheim Fellow and author of Weed the People: The Future of Legal Marijuana in America.

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