Delta-8 Temporarily Legal In Texas Again After Judge Grants Injunction

A Travis County judge on Monday granted an injunction

A Travis County judge on Monday granted an injunction filed against the Texas Department of State Health Services, temporarily legalizing delta-8 in Texas again.

Delta-8 is a less potent alternative to the delta-9. Consumers use the product for pain management and mental health treatment, according to testimony given ahead of the judge’s decision, but they can consume it to create a “high” with psychoactive effects similar to those of delta-9 products.

Lukas Gilkey, the businessman who filed the lawsuit against the state health department, published a video update on YouTube on Monday morning. Gilkey is the founder and CEO of Hometown Hero, a company that sells CBD and delta-8 products.

“You are free to sell delta-8 in Texas, as of right now,” Gilkey told his viewers.

Judge Jan Soifer’s ruling was part of the latest legal challenge brought on by the delta-8 debate. The CBD company initially filed for a temporary restraining order on Oct. 21 after the state health department issued a notice on its website Oct. 15 stating that delta-8 products were illegal. The judge denied that initial suit because “the plaintiff has not met requirements of a temporary restraining order,” court documents show.

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