Delta-8, the popular cannabis extract that was recently and suddenly outlawed in Texas, is temporarily legal again.
State district court Judge Jan Soifer on Monday granted a temporary injunction against the state to ensure selling or obtaining delta-8 is not a felony offense. It came as Hometown Hero, a CBD dispensary based in Austin, requested the judge block the state from listing delta-8 as a Schedule I drug, which effectively made it illegal.
The company argued an injunction was needed because the Texas Department of State Health Services’ Oct. 15 online notice, classifying delta-8 as a Schedule I drug, did not adequately notify retailers. The order from the Travis County judge said the action from DSHS didn’t comply with the state’s rule-making requirements.
The state is expected to appeal the ruling. It claims that a notice in the Texas Register, a public hearing in which nobody came to speak and a DSHS official giving legislative testimony in May, were ample notice that delta-8 would be illegal before it published the online notice.