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Canyon Lake CBD Stores Have No Plans to Stop Selling Delta 8 in Wake of DSHS Ban

Jennifer Horton owns CBD Water Tree in Sattler.

Employees at several Canyon Lake CBD stores say they have no plans to stop selling popular Delta 8 CBD products after Texas Department of State Health Services (DSHS) posted a surprise statement to its website Friday announcing that Delta-8 in any concentration and Delta-9 exceeding 0.3% are now Schedule I controlled substances.

DSHS’ move was unexpected since Gov. Gregg Abbott signed off on the 2018 Farm Bill and House Bill 1325, signed into law in June 2019, authorized the production, manufacture, retail sale and inspection of industrial hemp crops and products, including products for consumable hemp.

The measure legalized hemp products under 0.3% tetrahydrocannabinol (THC).

“This is ridiculous,” said Jennifer Horton, owner of CBD Water Tree in Sattler. “What they’re doing is basically back-pedaling and trying to make changes that basically need to go through court.”

House of CBD in Hancock said it doesn’t plan to change the way it operates either, and let customers know so in a statement.

“Using their powers in regulating the Controlled Substances List, the DSHS and Texas Department of Public Safety added all forms of THC as a Schedule 1 (high abuse risk) controlled substance,” said Josh Humerickhouse, general manager of House of CBD. “Due to the backdoor way they went about this, retail shops and manufacturers were not notified about this addition that was made earlier this year. During the last Texas legislature, the state attempted to ban Delta-8 THC and put it into law. These attempts failed and that is why there is currently so much confusion.

“This is a rapidly evolving situation,” he said. “We are in constant contact with our vendors to insure we have the latest and most-accurate information. We are also seeking legal counsel to confirm we are in compliance. For the time being, it will be business as usual in the store, that may quickly change. We will be updating everyone via social media, as well as in the store.”

Ilissa Nolan, executive director of the Texas Hemp Coalition in Austin, said DSHS held a hearing about Delta 8 in the fall of 2020 but did not tell anyone about its plans until posting the statement on Friday.

“DSHS’s position has not changed from their finalized definition in January of 2021,” she said.

Nolan said Texas already is in compliance with federal farm laws that restrict hemp products to the 0.3% rule.

DSHS can change rules but must schedule a public hearing, which was not done in this case, she said.

Multiple lawsuits are in the works today, as the CBD industry hopes to get a restraining order in place that could become an injunction prohibiting DSHS or the Texas Department of Public Safety from enforcing the new rule.

Meanwhile, Nolan advises store owners to seek legal advice and sell Delta 8 at their own discretion. Consumers should use discretion also.

DPS did not immediately respond to a query about whether or not it will enforce DSHS’ decision, nor did the Comal County Sheriff’s Office. Possession of the product is a felony that carries a two-year prison sentence and up to $10,000 in fines.

Users say Delta 8 provides a mild “high” without all of the psychoactive effects of regular cannabis. Like marijuana, hemp is a member of the cannabis plant family but only contains traces of THC, the psychoactive compound that produces a high for regular marijuana users.

Last year, DSHS unsuccessfully tried to ban smokable hemp.

Update: The Texas Tribune reported Thursday that DSHS said it posted the update to its website as clarification.

“DSHS posted the clarification below on our website in response to recent requests from hemp growers who said that there was confusion in the industry about what was allowed in consumable hemp products,” Lara Anton, DSHS spokesperson, told the Tribune.

To see DSHS’ new regulations click here.

Editor’s Note: House of CBD currently advertises with Canyon Lake but plays no role in editorial decisions regarding news coverage.

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