A Texas judge has put the brakes on a delta-8 THC ban announced last month by the state’s health department.
Travis County judge Jan Soifer issued an injunction Monday, barring state officials from enforcing an Oct.15 notice to law enforcement saying that delta-8 THC products are considered controlled substances, the Dallas Morning News reported.
The injunction comes after Hometown Hero CBD filed a lawsuit arguing that Texas health officials didn’t follow the correct procedures nor provide proper grounds to initiate the change in the controlled substances list.
The same judge had earlier rebuffed the CBD company’s request for a restraining order in the case.
Delta-8 THC consumers and sellers in Texas widely believed that delta-8 had been legal since it ramped up in popularity about two years ago, the newspaper reported. But official state documents show that the Texas health department listed the product on its controlled substance list in January.
Hemp activists in Texas argue that the January listing wasn’t properly publicized. A hearing to settle the matter hasn’t been scheduled.