HOUSTON, Texas (KTRK) — It's not uncommon to find Delta-8 products at smoke shops in Texas these days. It is also often seen at gas stations.
You may be surprised to hear that the Texas Department of State Health Services (DSHS) Services was looking to ban Delta 8 in 2021.
The ban never went into effect due to legal opposition, but it reached the Texas Supreme Court.
The court will decide whether DSHS has the right to enact such a ban.
Chris Tomlinson covered this issue for the Houston Chronicle with our partners at ABC13.
“The Texas Supreme Court is not following a specific timeline” for when a decision will be issued, Tomlinson said. “But it should happen within the next few months.”
Tomlinson said Delta-based products such as gummies and oils would be banned if DSHS were allowed to implement its original plan.
“Basically, anything that is ingested through the mouth or nose that produces some kind of pleasure is illegal,” Tomilson said.
Tomlinson said it does not include CBD-based products.
Hemp-derived cannabis products, including Delta-8, have an annual economic impact of $8 billion in Texas, according to a study by the Texas Hemp Business Council.
A smoke shop employee who spoke to ABC13 said if DSHS's plan goes through, many shops like his will close.
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