Hearing Tuesday could determine future of Delta-8

A hearing set for Tuesday could determine the future of Delta-8 in the state of Texas.

Delta-8 products contain THC, the psychoactive substance found in marijuana.

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In 2021, the Texas Department of State Health Services categorized Delta-8, and other products containing similar chemistry, as a Schedule 1 controlled substance. Other drugs listed as Schedule 1 controlled substances include heroin, cocaine, LSD, and PCP.

Hometown Hero, an Austin-based manufacturer of hemp products, sued the state over the legality of the ban on Delta-8 THC. Their attorneys argued that the DSHS failed to notify the public properly when it added Delta-8 THC to the controlled substances list.

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A judge later granted an injunction, which allowed the sale of Delta-8 products to resume while the lawsuit plays out in the courts.

Tuesday’s hearing will allow attorneys for the state and for Hometown Hero to make their case to the judge.