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Texas CBD dispensaries are feeling the see-saw of the court system as the legality of Delta-8 THC changes sides yet again. On October 15, 2021, the Department of State Health Services listed the chemical as a controlled substance. Later that month, a circuit court judge denied a petition for a temporary restraining order to enjoin the enforcement of Delta-8 as a controlled substance. Just yesterday, a Travis County judge granted an injunction filed by an Austin-based CBD dispensary that temporarily prohibits the state from treating delta-8 as a controlled substance.
So dispensaries in Texas should know that delta-8 remains legal . . . for now.
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