The Current State Of Delta-8 Substances

In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, legalized hemp. But two months ago, the Texas Department of State Health Services announced the addition of Delta-8 to the State's schedule of controlled substances. A number of Delta-8 retailers and consumers sued the State and have obtained a temporary injunction keeping Delta-8 substances legal while the litigation works its way through Texas courts. This article provides a brief history of Delta-8 and discusses the recent legal challenges to the State's addition of Delta-8 to the schedule of controlled substances.