Delta-8 THC retailers in Texas are not taking a surprise ban on their products lightly.

On Oct. 15, the Texas Department of State Health Services (DSHS) quietly made an enormous change to its Consumable Hemp Program guidelines: in addition to plants containing more than 0.3% delta-9 THC, products containing delta8 THC “in any concentration” are now considered a Schedule I controlled substance as well. The move shocked the state’s robust delta-8 industry, which believed it had been operating within the scope of state and federal law. 

The situation began attracting even more attention last week when the Austin-based company Hometown Hero filed suit to temporarily block the ban. That request was shot down by a district judge. While delta-8 THC remains…

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