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Texas court upholds injunction allowing delta-8 sales

A Texas appeals court has upheld an injunction halting a ban on delta-8 products in the state.

The ruling by the 3rd Court of Appeals allows businesses such as Hometown Hero CBD, to continue selling delta-8 products in Texas, according to the Dallas Observer.

The Austin-based company and plaintiff filed an emergency motion and was granted the injunction in November 2021, according to its website.

“As we celebrate this significant court decision, we are thankful for our industry partners who have joined us in the ongoing fight to stop unlawful bans of delta-8 and other hemp-derived cannabinoids not only in Texas, but across the country,” the company said in a statement.

The 2018 Farm Bill legalized hemp and opened the door for sales of delta-8, delta-9 and other intoxicating hemp-derived cannabinoids with up to 0.3% THC by dry weight.

In some states that lack adult-use cannabis retail, including Texas, sales of low-dose THC products have boomed.

Their prevalence has led some states to ban them outright, with accompanying legal battles springing up nationwide.

In September, a federal judge in Arkansas blocked enforcement of a recent state ban on products containing intoxicating hemp-derived cannabinoids, including delta-8 THC.

Congress is set to review the Farm Bill this year, but it’s uncertain whether federal lawmakers will address the unintended rise of the hemp-derived cannabinoid industry.

The Cannabis Regulators Association asked Congress in a Sept. 15 letter to include in the new Farm Bill rules governing hemp and hemp-derived cannabinoids, including a new definition of “hemp” versus marijuana.

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