Texas Supreme Court Decision Could Kill Hemp, Delta-8 Industry
The Texas Supreme Court will soon decide if DSHS has that authority
The Texas Supreme Court will soon decide whether a state agency can wipe out a multibillion-dollar industry with a pen stroke.
The case over cannabis carries enormous political baggage, with drug prohibitionists and medical marijuana producers on one side and farmers and hemp sellers on the other. The elected justices must decide if a political appointee can act even after the Legislature punts on the same issue.
It all comes down to how high is too high.
Hemp and marijuana both come from the cannabis plant. Under federal and state law, the difference is the amount of psychoactive THC, with hemp defined as containing less than 0.3% dry weight. Hemp became legal under the 2018 federal Farm Bill and in 2019 under Texas House Bill 1325.
Cannabis chemistry is far more complicated than the law suggests. Two forms of THC are at issue here: the naturally occurring delta-9-tetrahydrocannabinol from marijuana, which can make you high, and the hemp-derived delta-8-tetrahydrocannabinol, which makes you not so high.
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