Delta-8 vs the State of Texas
Delta-8 vs the State of Texas

The State of Texas vs Delta-8 THC

How did Texas of all states end up in a strange battle with Delta-8 THC?

Posted by:
Reginald Reefer on Monday Nov 1, 2021

The State of Texas vs Delta-8 THC

texas vs. delta-8 thc

Texas is a weird state. Some parts of it is very progressive while others are ultra conservative and oftentimes they pass laws that are at odds with the rest of the country. In one such a case, Texas decided to outright ban Delta-8-THC, a psychoactive compound derived from hemp that is currently excluded from the Controlled Substance Act.


For the many CBD retailers in Texas, this came as a shock. For most, the legality of Delta-8 was not in question, however, the Texas Department of State Health Services put this notice up on their website;


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. A list of Schedule I controlled substances can be found at the following link: Schedule I Controlled Substances.


Needless to say, this cut into the profits of many headshops and dispensaries seeing that Delta-8 became a very popular product considering that it produces a high similar to Delta-9 THC.


However, lawmakers created a blanket ban on all forms of THC above the 0.3% limit imposed federally. This made dispensaries and headshops scramble to remove their products.


This is really out of nowhere. It’s not based on science, it’s not based on any real threat to Texans,” Rick Trojan III, a board member of the Hemp Industries Association, said. “The whole thing is confusing for everyone involved. It sounds like DSHS doesn’t even understand why they know what they’re doing.” SOURCE


This is often the case with lawmakers creating unilateral decisions based on something far outside their experience. However, due to the fact that this move was done by the DSHS and not through the proper legal channels – there is a chance that this will not stick as the manager at Lit Smoke & Vape Said;


“It's still on our shelves until it's legally decided that it's illegal,” a manager at Lit Smoke & Vape said. “Those people don't have any authority over the law. So until the law states that it's illegal then, no, we will continue to sell it. They tried to ban CBD two years ago and they got sued and it fell through. So it's going to happen again.” – Lit Smoke & Vape


There are many other companies that feel the same way, meaning that now it will be up to the businesses to fight back this law. We will see over the next coming months several businesses challenging the State’s decision and until then, many stores will continue to sell it despite the DSHS claiming that it’s a “schedule I substance”.


Why is Euphoria a bad thing?


Why is it that whenever there is a drug that makes you feel good – the government wants to ban it? At this point, there is no scientific evidence that Delta-8 poses any significant health risk to people and it seems more of a moralistic position.


This is because in the United States, the act of consuming “illegal” drugs is an immoral act according to legislation. Consuming drugs, according to the US, is an act of “poor moral character” and this is how they justify making it illegal.


If you can buy mind-altering substances like alcohol, which also produces a form a euphoria – why can’t you also have substances like THC legal? It doesn’t make any sense that “one substance” that is tied with much more death and violence, can be legally bought in restaurants and bars – yet cannabis and its derivatives need to be scrutinized to ensure everyone’s “safety”.


The major problem is that lawmakers with absolutely no experience in drug use – have assumptions based on decades long programming by the state that “drugs are bad…mmmkay!” Because of this intrinsic belief, they automatically demonize anything that falls into the category of “illegal drugs”.


They believe that a “drug free society” is an attainable idea. That “only if we can get the drugs out” people will be (Fill in the blank). This asinine notion has been the justification for decades of oppression. Yet there is absolutely no scientific evidence to support the validity of these decisions.


Fortunately, there is a shift in paradigm occurring around the entire world – except maybe for places like Singapore where they will straight up murder you for weed. All around the world, we are beginning to see countries recognize that the “arrest them all” approach won’t make drugs go away. In fact, evidence suggest that these policies are not only dangerous, but corrosive to ethics of government.


Euphoria is not a bad thing, it isn’t immoral to utilize your endocannabinoid system, deliver phytocannabinoids to induce a temporary state of “feeling good”. This is far less dangerous than drinking a few beers at night, it has a much lower chance of getting someone hooked.


Why I advocate for My Body My Choice…


A society is only as free as the individual is. This should be the guiding principle for all government and we should always strive to ensure that the “Freedom of the individual” is kept. Why?


Because when the individual is free to do with their body what they desire – then it embarks all of the other civil issues that people fight for. This includes women’s reproductive rights, trans rights, gay rights, black rights, white rights, and all the other rights you can think of.


This is because while all of these groups might identify as a particular group – all of them consist of individuals. Therefore, the highest form of freedom is what you can do to your mind, body and soul.


It’s interesting to see Texas – a state that is adamantly against the Covid Mandates because of “freedom of choice” – would in the same breath limit the freedom of choice of Texans.

I’m almost certain that Delta-8 will continue to be sold irrespective of what the State may have decreed. After all, Let’s Go Brandon isn’t just Fuck you Biden – it’s “Fuck’em All!” Biden is just the current target, but this sentiment has run true for a long time – so don’t let the man take away your rights…the very rights we have been fighting for decades to obtain.








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