City Hall

After Texas Regulators Say Delta-8 Is Illegal, Some Companies Plan to Fight Back

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A company in Denton sells and delivers delta-8 and says it has no plans of stopping.
The Texas Department of State Health Services recently amended the state's controlled substances list to include THC isomers, making them illegal. But as some smoke shops ditch products like delta-8 THC, others are gearing up to fight back in court.

“Personally, we’re not changing anything,” said the owner of Green Goddess Revival.

Green Goddess Revival was late to the delta-8 industry, but for the last couple of months, its owner has been selling the stuff out of a van in Denton.

For around a year and a half, customers have been buying up delta-8 and other THC isomers left and right at Texas smoke shops. But a lot of them don’t stay open late and or deliver.

After trying delta-8 and doing some research, they thought, “Let’s make the equivalent of food truck but with a Canavan and let’s launch a website and offer delivery to people.” The owner said, “We saw gaps in the market and we wanted to fill them.”

Everything had gone smoothly since then, and they continued selling delta-8 gummies, vapes and flower, as well as other THC isomers like the psychedelic THCO. Then last week, two months into business, the Texas DSHS put the notice on its website.

“Personally, we’re not changing anything.” – Green Goddess Revival

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“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% delta-9 tetrahydrocannabinol (THC)," the DSHS statement read. "All other forms of THC, including delta-8 in any concentration and delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”

The Green Goddess Revival owner said, “I think it’s disgusting because there is an overwhelming amount of people who want delta-8 to be legal, who want regular marijuana to be legal, but due to the people we have in power right now, there’s a huge pushback against it."

Illegal or not, they insist they're not afraid to continue business as usual. Just this week, they had the van set up outside a Denton coffee shop selling delta-8 to anyone who wanted to buy some.

They said, “Realistically, we're not worried about it because the Texas Hemp Federation and Hometown Hero CBD and a bunch of other companies are donating hundreds of thousands of dollars immediately. They’re trying to get a restraining order against the state of Texas.”

On Oct. 18, Hometown Hero CEO Lukas Gilkey posted a video on YouTube, telling consumers, business owners and manufacturers that his company, as well as others, will be taking Texas to court over delta-8 and other THC isomers.

Gilkey likened the fight over THC isomers to the fight over smokable hemp.

“Now, some of you may remember, DSHS did this with smokable hemp last year,” Gilkey said. “They interpreted HB 1325, the bill that legalized hemp in Texas, and created their own rules from it, stating that smokable hemp products were illegal in Texas, and they were subsequently sued. That case went on for a year, and DSHS just recently lost, proving they were wrong.”

He sees the same thing happening with delta-8 and similar products, and expects to see a same outcome.

“Our legal team has been working around the clock since Friday to file a temporary restraining order against Texas,” Gilkey said. “Now, I need to be clear. We love Texas. We are just choosing to fight for the will of the people in regards to cannabis in Texas and are hoping that our pro-cannabis allies in Texas understand that and choose to fight with us.”