Lieutenant Governor Dan Patrick has state senators ready to ban the hemp product Delta 8 in preparation for next year’s legislative session. Delta 8 and 9 are lab-made derivatives of marijuana that imitate the same effects and psychoactive compounds of the popular plant. Despite being banned in 17 states, Delta-8 THC profited 2 billion in sales in 2023 according to market research firm studying the cannabis industry. In October 2021 the Texas Department of State Health Services (DSHS) announced delta 8 THC as a schedule one controlled substance. According to the United States Drug Enforcement Administration (DEA), a schedule 1 substances are “drugs, substances or chemicals that have no medical use and high potential for abuse.” Examples given are heroin, LSD, marijuana, and ecstasy. For those who have already noticed Lieutenant Patrick’s continual pushback over the years to legalizing marijuana, it comes at no surprise that he wants to get rid of Delta 8 THC as well. The reclassification of Delta 8 as a Schedule 1 drug has raised concerns among hemp farmers, manufacturers, and consumers who rely on the compound for its medicinal properties. By placing delta 8 in the same category as substances like heroin and LSD, the state has effectively criminalized its possession, distribution, and use. This move has sparked outrage among advocates who argue that delta 8 is a safe and effective alternative to traditional medications with fewer side effects. General manager of smoke shop Pinnacle Essentials, John Sheraton, isn’t happy to hear about Lieutenant Patrick’s plans to ban Delt 8 and 9. His store sells a plethora of CBD products that contain the legal standard of .3% of THC yet is now at risk due to what Sheraton thinks is inconsiderate for those who use Delta 8 and 9 for far more important preferences than recreational use. “They are looking to get relief from some kind of ailment. Either they’re trying to get off of pharmaceutical medication, they’re trying to get off opioids, or they’re trying to stop drinking.”
THC is an acronym for tetrahydrocannabinol, the natural chemical found in marijuana that gives smokers their desired affects. Similar to marijuana consumers, fans of Delta 8 THC use the product for various personal benefits. Easing stress, relieving inflammatory conditions, inducing sleep. Strains of marijuana comes in various strengths, ranging from 10-30% THC within its flowers. Strains of Delta 8 and other CBD products only legally allowed to contain .3% of THC. The higher the percentage, the stronger the strain of marijuana is for the user. Currently in Tx, smokers are allotted to travel with up to two ounces of marijuana with no threat of jail time. Only a ticket will be issued and possibly the oblige of having to take a class within a year of the offense. Those who are found with more than two ounces of marijuana are at risk of being arrested and criminally charged with Possession of Marijuana or Possession of Marijuana with Intention to Sale. The decriminalization of marijuana in Texas provided this open door as a way to help reduce jail populations. However, it does nothing for those who believe the low THC levels in Delta 8 and 9 should be permitted for other reasons. There’s no clear limit on how many ounces one may possess of Delta 8 or 9. Products are commonly sold in gas stations, smoke shops and CBD dispensaries across the state in the form of flowers, candies, vapes and drinks.
The process of making delta 8 THC involves the conversion of a non-psychoactive cannabinoid, into a chemical reaction that creates CBD products like Delta 8. This conversion can be achieved through various methods, including isomerization, which changes the molecular structure of CBD to create delta 8 THC. While this process has raised concerns by supporters of the Delta 8 ban about the use of potentially harmful chemicals, advancements in technology have led to more refined and safer methods of producing delta 8 THC that opposers of the ban deem reliable. In Texas, marijuana was strictly illegal until a 2015 law allowed low-level THC cannabis oil to be used as a treatment for epilepsy in what became known as the Texas Compassionate Use Program. The law was amended in 2021 to raise the THC cap on medical marijuana from 0.5 percent to 1 percent. Currently, the qualifying conditions for the state’s compassionate use program include epilepsy, multiple sclerosis, spasticity, autism, ALS, terminal cancer and neurodegenerative disease.
One of the key figures for those in support of banning Delta 8 is Texas is Governor Greg Abbott, who has been a vocal opponent of the hemp industry, citing concerns about the potential for abuse and addiction. In a press release just a couple of weeks ago, Patrick listed 57 interim charges that he says “reflect issues that Texans have asked us to study.” He gave clear instructions to senators stating, “Examine the sale of intoxicating hemp products in Texas. Make recommendations to further regulate the sale of these products and suggest legislation to stop retailers who a market these products to children.”
Delta 8 has gained popularity among individuals seeking a milder cannabis experience without the intense psychoactive effects. This shift in consumer preference has led to a growing outcry for a final decision on Texas’s legislation. Supporters and opposers to this ban are equally eager to see how things will play out at the voting polls this summer. As more states legalize the production and sale of delta 8 THC products, there will certainly be an increased focus on developing sustainable, safe methods of production that meet regulatory standards. That’s isn’t enough for those want these products completely gone from existence. There are still plenty of other political headbutts concerning the legality of marijuana and CBD products that may never see the light of day. For Amarillo to have attained ten thousand signatures on such a pressing issue is a major win for those looking to make a change. Win or lose, this summer will make another pivotal moment for those concerned with addressing both the possible challenges, and possible innovations, that may come along with legislators’ decision this summer.
