In a decision that took CBD outlets and users completely by surprise, the Texas Department of State Health Services has announced that Delta 8, a marijuana derivative, IS ILLEGAL. Here are a few facts about Delta 8 and the TDSHS action that you may not know…

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What is Delta 8? It’s a marijuana extract with a THC level of less than 0.3%.  In that amount, Delta 8 was not considered illegal by federal standards. Many Delta 8 users said that it gave a “high” similar but not identical to marijuana.

Delta 8 became VERY popular, especially in states that had not decriminalized marijuana. Many CBD vendors say that Delta 8 had become their top selling product due to its reported similarity to a marijuana high.


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Delta 8 USED to be illegal. It was removed from the federal list of controlled substances in 2018.  It’s this latest move by Texas Health Services that re-designates Delta 8 as illegal under Texas state guidelines.

It MAY have been illegal all this time. The assumption was that, since Delta 8 was removed from the FEDERAL list of banned substances, it was automatically legal in Texas.  The Dallas Morning News reports that when the health agency placed this rule on the Texas Register, the wording stated that Delta 8 “remained illegal in Texas”.  For some reason, the Texas Health Board waited three years before mentioning this to anyone.


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People are already fighting back.  Some of the CBD and vape shops in Texas have filed temporary restraining orders against the state. Some of the vendors have straight up said they consider the announcement invalid and will continue to sell the products. At least one vape shop owner has asked local law enforcement about Delta 8 and their response was that they were in-the-dark about the issue.


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The new regulation may contravene a previous order from Texas Governor Greg Abbott. In 2019, Abbott signed a law LEGALIZING hemp products with less than 0.3% THC.

So, in sum, some shop owners are removing Delta 8 products from their stores. Others have said they will continue to sell the products. If Delta 8 is eventually ruled legal in Texas, I think it will be the best advertising the shops could have ever hoped for. The only thing better than a legal alternative to pot is a legal alternative that the authorities TRIED to make illegal.

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