Local businesses concerned by DSHS clarification

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. 

As reported by the Texas Tribune, “Both the federal government and states can differ on what is a controlled substance by keeping separate lists.”

Like many other Texans within the hemp industry, San Marcos businesses owners were not notified by the state about the notice. 

“I was just told by a friend and then when I came to work the next day, they had me take everything Delta-8 off the shelf,” said Madison Fields, employee at Modern Day Hemp Company. 

The Dallas Morning News reported that some businesses have chosen to fight the notice, including American CBD Shaman founder and owner Vince Sanders. 

The recent update from the DSHS has ultimately impacted smoke shops and hemp businesses around the state and locally in San Marcos. Fields also spoke of already having to turn down a customer seeking products containing Delta-8

“I think it’s negative,” Fields said. “I couldn't sell him one and we didn't have any of our other CBD products yet because it was literally the day I took the stuff down.”

A disclaimer can be found on the health department’s website that mentions that “Complaints regarding controlled substances should be referred to law enforcement. DSHS has no regulatory authority over controlled substances.”

On Friday, Oct. 22, State District Judge Gary Harger denied a request for a temporary restraining order made by Travis County wholesaler, Hometown Hero. Another hearing is set to take place on Friday, Nov. 5. 

To view the notice published by the Texas Department of State Health Services or for additional information, visit dshs.texas.gov/consumerprotection/hemp-program/default.aspx.