CategoriesDelta-8 THC

In Texas, Are Stores Still Selling Delta-8?

In Texas, Are Stores Still Selling Delta-8? | Hempercamp
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Texas has had a long journey with Delta 8 THC now. 

People have been fighting a fight for the legalization of Delta 8 THC in Texas for about 2 years now. And it is legal for now, but the fight is not over. 

Sometime in 2020, Texans were shocked by a surprise announcement that the DSHS had mentioned Delta 8 THC in its controlled substances list. This was even after Hemp based products were federally legalized!

But why was this decision taken, what is the history, and are shops still selling delta 8 in Texas? Answers to these questions and much more in this post on: Are Shops Still Selling Delta-8 In Texas?

Current status of Delta 8 THC in State

Right now, Delta 8 THC is legal in Texas. Shops can sell Delta 8 THC in Texas without any fear of reprimand. It is not banned right now. 

But this wasn’t the situation a few months ago. 

When was Delta 8 THC first legalized in Texas?

Texas, like all other states in the US, first legalized hemp and hemp-based products like Delta 8 THC in 2018 with the coming of the Farm Bill 2018. 

The Farm Bill changed the landscape for all weed products. After facing much taboo and the wrath of law enforcement, the good herb was finally free. People could enjoy its myriad of benefits without fear and condemnation.

The same happened in Texas, people started consuming and selling Delta 8 THC products freely. Cannabis dispensaries were set up, and the industry looked solid in the Southern state.  

When did the ban on Delta 8 THC start in Texas?

As we already discussed, things in the weed space in Texas looked good beyond 2018. In the following year, 2019, the Texan legislature passed legislation removing Delta 8 THC from the controlled substances list. Therefore, effective immediately allowing cultivation of Hemp.

Trouble started brewing for Delta 8 in Texas in September 2020 when the Drug Enforcement Agency made a change in its rule. Through this change, DEA could no longer prosecute cases of Delta 8 THC possession/cultivation/etc. 

This was followed by an announcement by the Centers for Disease Control and Prevention that cautioned the public of the possible side effects of Delta 8 THC. This seems to have spiked the interest of the Department of State Health Services, Texas, to control Delta 8 THC.

But, it wasn’t the FDA advisory that made DSHS act. It was merely the trigger. The wheel of the actions of October 15th, 2021, when DSHS finally added Delta 8 THC to the controlled substances list, was set in motion long ago. 

The legalization of Delta 8 THC was never welcomed well by a certain section in Texas. Therefore, there were bills placed in the Legislature of Texas to ban this hemp product. 

These bills were opposed strongly, and through sustained opposition, enough momentum could not be gathered for any action by the anti-Delta 8 section. 

Finally, on October 15th, 2021, Delta 8 THC could not be sold or consumed. The sun had set on Delta 8 THC in the sunny state of Texas. 

But when and how was Delta 8 legal in Texas again?

The DSHS inclusion was a shock to many. No one expected this decision to be taken, let alone in this way. A lot of shops closed, and some were even raided by the police for not stopping the sale of Delta 8

Therefore, people could not accept it sitting down. They protested and criticized this decision everywhere. A local company and collective, HomeTown Hero, filed a lawsuit seeking a Temporary Restraint Order (TRO) against the decision of DSHS.

This suit challenging the aforesaid decision was rejected at the court of the first instance. But, on November 21st, 2021, the TRO was granted in appeal. Finally, the dreadful month of torturous wait for the customers and fear of loss for the industry ended.

Shops started selling Delta 8 once again. 

So, will Delta 8 THC remain legal forever?

This is a very genuine curiosity among people: will the shop keep selling Delta 8 products now? The answer to this question depends on some factors.

Right now, the case against Delta 8 THC is in the judiciary of Texas. With no resolution to the case coming anytime soon, people can expect shops to still sell Delta 8 THC-based products for the time to come. 

Therefore, while you have it, enjoy the happiness it gives. Relish in the joy and amazing effects of Delta 8 THC!

What would happen if shops sell Delta 8 THC when it is banned?

Selling a substance that is on the substance-controlled list can be a recipe for disaster. Remember Narcos and Breaking Bad? Yes, that kind of bad. 

The police forces are empowered to rightfully raid and search properties connected with your business. They also have the force of law to seize any document or material that they may deem fit. If you’ve got cash at hand, chances are they will take that too. And you will be prosecuted for it.

If you’re sentenced at the end of your prosecution, you are looking at $10,000 in fine and a jail sentence that could run up to 10 years. 

This is what you face as an individual. Your company/business will lose its cannabis license. You will not be able to get it again for the NEXT 10 YEARS!

Sure, selling illegal dope comes at some hefty cost!


Yes, there is no bar to consuming Delta 8 THC in the open. But we recommend you not to do it since there are chances of you putting yourself in danger on the streets.

Delta 8 is supposed to make people mildly high as it is not as strong as its potent cousin Delta 9 THC. You will feel a wave of relaxation spread across your body, making you feel at peace.

  1. Is Delta 8 THC good for beginners?

Beginners should start with Delta 8 THC