Texas lawmakers are working to expand the state’s medical cannabis program as well as decriminalize possession. However, hidden in all of the positive measures is an amendment to a bill similar to what Alabama lawmakers tried to do a month ago–a ban on Delta 8. This would create a huge economic blow for several businesses and the hemp industry in Texas, as the demand for Delta 8 seems to be growing exponentially. 

Delta 8

But what is Delta 8? It’s a psychoactive cannabinoid similar to Delta 9, the main psychoactive property in cannabis. Delta 8 does create a sense of euphoria in consumers, but in a more controllable sense. Consumers have reported feeling traditional “high” sensations, but still in control of their experience. Plus they typically remember the events that happen while they feel the effects of the cannabinoid. 

While previously illegal along with all other forms of hemp, it’s now considered federally legal under the USDA’s Farm Bill, passed in 2018. It stated that any hemp product containing no more than 0.3 percent of Delta 9 is legal to sell, produce, and consume on the federal level. Many states have also adopted the same definition of hemp. Because Delta 8 and Delta 9 are structurally different on the molecular level, Delta 8 products naturally contain less than 0.3 percent of Delta 9.

HB 3948

The bill in question, HB 3948, would update the laws surrounding the production and regulation of hemp within Texas. The laws would similarly reflect the Final Rule passed by the USDA this year for the Farm Bill. It passed through the House with ease and headed for the Senate. There, the Senate Water Agricultural & Rural Affairs Committee was assigned the bill for their approval before it heads to the full chamber floor. 

But the committee also added an amendment to restrict Delta 8, the newest cannabinoid to cause a stir across the country. The amendment would ban products that contain more than a trace amount of Delta 8 in their products. That means that any products featuring Delta 8 in any capacity would be illegal in Texas. Advocates are crying out, just like they did in Alabama, to have the amendment removed. 

Delta 8 Popularity

While Delta 8 is popular across the country, the want from the public seems to be growing exponentially in Texas. Manufacturers are having a hard time keeping up with the demand. As soon as products are made and packaged, they are sold to a growing number of consumers. 

And this trend doesn’t seem to be slowing down anytime soon. More stores are opening up to meet demand, and more and more people are purchasing these products. But HB 3948 may put this booming industry out of business if it passes with the Delta 8 amendment attached to it. 

Activists are reaching out to lawmakers to have the amendment removed. However, further discussion won’t happen until the bill is discussed in a full Senate Chamber. As more information becomes available, we will update you with the latest.

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