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The Texas Legislative Session Ends, Leaving Delta 8 Legal

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The Texas Legislative Session Ends, Leaving Delta 8 Legal

With the legislative session coming to a close this past Monday, May 31, Delta 8 remains legal in the state of Texas. Many store owners, Delta 8 users, and cannabis and hemp activists expressed concern over HB 3948. This bill, originally intended to help hemp farmers across the state, changed to ban any synthetic or synthesized THC products. 

Right now, Delta 8 is huge in Texas. Suppliers and manufacturers can’t keep up with demands and shop keepers can’t keep products on the shelves. Delta 8 is reported to be a minor cannabinoid with psychoactive properties similar to marijuana, or Delta 9. However, many consumers report feeling more in control of their euphoric high than with Delta 9. It’s also federally legal thanks to the Farm Bill

Delta 8 is found in such a small amount naturally in the cannabis plant that it’s almost not viable when extracted directly. To counteract this, scientists are able to synthesize Delta 8 to create more. They are also able to alter the molecular structure of a similar cannabinoid, CBD, and turn it into Delta 8. 

HB 3948

Because Delta 8 is typically synthesized, lawmakers are beginning to express concern surrounding the THC component, similar to Delta 9. There are currently 14 states that have specifically banned, or have put restrictions or limitations on Delta 8. Texas looked like it would be number 15 under HB 3948. But the bill did not originally have this intention.

The first draft of HB 3948 looked to expand and further define the hemp program in Texas. It received a unanimous vote from the House of Representatives before heading to the Senate for debate and discussion. However, in the Senate, HB 3948 received an amendment to prohibit any synthetic or synthesized THC cannabinoids from production or consumption in the state.

But the House didn’t agree with the Senate’s amendment. Because of this disagreement, a small committee formed consisting of members from both the House and the Senate in order to come up with a compromise. They met on May 29th, giving the committee two days to come to an agreement before the session ended. A compromise could not be met, so HB 3948, and its amendment banning synthetic and synthesized THC components, died.

Public’s Response

Many different activists and consumers took to social media and forums to express their happiness over HB 3948’s failure at the end of the session. Many people said that they don’t really qualify for Texas’ limited medical cannabis program, so they use Delta 8 to help with anxiety, depression, and/or chronic pain. Store owners said that they would be able to keep their doors open as their product would not be classified as an illegal substance. Their livelihoods would remain intact.

Other reform efforts happened this past session, including an expansion to the medical cannabis program. Jax Finkel, the Texas NORML Executive Director, recently published a comprehensive article on all the changes the legislative session established and what benefits they offer the general public. Change continues to happen across the states, and activists continue to cheer. 

Make sure to check back for more cannabis and hemp related news.