Texas Supreme Court lifts injunction on delta-8 Schedule I classification
Updated
Updated · KERA News · May 1
Texas Supreme Court lifts injunction on delta-8 Schedule I classification
10 articles · Updated · KERA News · May 1
The ruling reverses lower-court orders in a suit by Hometown Hero and other Texas hemp retailers against the Department of State Health Services.
Justices said the commissioner had authority to reclassify delta-8, the website notice was not subject to the Administrative Procedure Act, and the 2019 Texas Farm Bill did not broadly legalise manufactured delta-8.
The court said retailers showed likely economic harm, but DSHS can impose only civil penalties and says it will not enforce the website statement; the businesses are weighing further appeals.
With Texas and federal rules tightening, what future remains for hemp-derived products like delta-8 and THCA in the state’s market?
Could the rapid regulatory shifts around hemp cannabinoids lead to unintended public health or economic consequences that outweigh their intended benefits?