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Delta-8 Remains Legal — for Now — in Canyon Lake CBD Stores After Court Grants Temporary Injunction

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Delta-8 Remains Legal — for Now — in Canyon Lake CBD Stores After Court Grants Temporary Injunction

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Delta 8 products for sale in a Canyon Lake CBD store.

The 126th District Court in Austin delivered a victory for Canyon Lake CBD stores Monday after Judge Jan Soifer granted a temporary injunction against the State of Texas, which with little fanfare outlawed the popular Delta 8 CBD product in mid-October.

“Guess what…D-8 is back!” Jennifer Horton, owner of CBD Water Tree Canyon Lake posted on Facebook.

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.

The suit was brought by Hometown Hero, a CBD dispensary in Austin, after Texas suddenly and without warning retailers, classified Delta-8 as a schedule I drug, making it a felony offense to buy or sell the product.

Hometown Hero posts regular updates about its court battle on its Youtube channel.

“We are expecting the state to appeal this immediately,” said Lukas Gilley, owner of Hometown Hero.

For now, the product will continue to sell at area CBD shops like CBD Water Tree in Sattler and House of CBD in Hancock.

“This is a great step in the right direction for Texas,” said House of CBD Manager Josh Humerickhouse. “The judge confirmed that the Department of State Health Services (DSHS) did not follow the proper procedure and shone a light on their underhanded tactics in a move to limit the growing hemp industry in Texas.”

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

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