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Confusion And Resistance To Texas Delta-8 Ban Continues

Delta-8 is legal under the federal Farm Bill passed in 2018

Local shop owners are confused, but keeping delta-8 products on the shelves — even after the state of Texas confirmed the substance remains illegal.

“We’re going to continue to do what feels right to us,” Gruene Botanicals owner Sean Timmermann said.

The confusion began after the Texas Department of Health and Human Services posted an online notice clarifying that delta-8 is still illegal in Texas — surprising many CBD retailers who have been selling the products for months.

Texas House Bill 1325, passed in 2019, makes products with delta-9 tetrahydrocannabinol extract more than .3% of THC illegal.

Delta-8 is legal under the federal Farm Bill passed in 2018 as long as it contains less than .3% of delta-9 THC.

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