Austin judge temporarily takes Delta 8 off controlled substance list

SAN ANTONIO (KTSA News) — The fight to take Delta-8 products off of shelves in Texas continued Monday after a judge in Travis County temporarily removed the controversial cannabinoid from the controlled substance list.

Delta 8 is an isomer of Delta 9 THC, the main psychoactive ingredient in marijuana. A Farm Bill made into law in 2019 legalizing hemp created confusion with many retailers claiming the law made Delta 8 legal. State attorneys claim this was never the case.

The temporary injunction means CBD retailers can put the product back on shelves. Delta-8 was added to the controlled substance list earlier in January by the Texas State Health Services Department, but it was not officially outlawed until last month. The department updated it’s web page on the Consumable Hemp Program on October 15 to clarify that Delta 8 is on the illegal substance list.

CBD retailers sued the state after the change, stating government failed to follow proper protocols.

Attorneys for the Austin-based retailer Hometown Hero CBD are arguing the state department failed to properly notify the public about the hearing that led to the determination that Delta 8 is illegal.

Today’s decision out of Travis County leaves retailers with the option to put Delta 8 items back on shelves until the trial set for January 28.