Local smoke shops and hemp businesses around Texas have been blindsided by recent clarifications made by the Texas Department of State Health Services. On Oct.15, the DSHS clarified that the Delta-8 marijuana extract falls under the schedule I controlled substances list, making it illegal in the state of Texas.
According to the DSHS, “Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”
In 2018, the federal farm bill made the substance legal due to its low THC content and was removed from the nation's list of controlled substances. However, Delta-8 has been added to a separate state list of controlled substances.
