On Monday November 8, Travis County Judge Jan Soifer granted a temporary restraining order on the Texas Delta 8 ban. This ban came in October when the Texas Department of State Health Services (DSHS) revised the state hemp policy on their website. 

DSHS received tons of backlash as the state had left Delta 8 legal during the last regular session. And Delta 8 is federally legal under the 2018 Farm Bill, which Texas adopted the same definition of hemp set in the federal bill. That means Texas also made Delta 8 legal. But DSHS took matters into their own hands. They stated Delta 8 was illegal and had been illegal the entire time it had been sold in the state. All this in spite of Texas adopting the same hemp rules as the federal government. 

Following the DSHS announcement of a Texas statewide Delta 8 ban, several CBD companies took up a lawsuit against DSHS. They claimed DSHS didn’t have the ability to make law changes. Plus, the governor and key lawmakers never made comments following the supposed law change. 

At first, the Delta 8 case wasn’t taken up. But Judge Soifer took the case and granted their request to temporarily remove the Delta 8 ban from the state. “You are free to sell delta-8 in Texas, as of right now,” an update video explained. “Go get ’em boys.”

Official Statement

Travis County Judge Jan Soifer ruled on Monday that they had adequately demonstrated that they’re entitled to “declaratory and injunctive relief” over the hemp policy update.

The decision by DSHS means the plaintiffs “will suffer imminent and irreparable harm such as brand erosion, reputational damage, including loss of customers’ goodwill, unsalvageable loss of nationwide customers, loss of market share, loss of marketing techniques, employee force reduction” and more, the signed ruling states.

“In addition, Plaintiffs Darrell Suriff and David Walden, along with other similarly situated individual consumers throughout Texas, will have no effective treatment to anxiety, depression, insomnia, migraines, loss of appetite, chronic pain, and nausea,” it continues. “Plaintiffs, along with these other individuals, may be forced to seek other dangerous alternatives, like opioids or street drugs.” 

Next Steps

Stores in Texas can now return to selling Delta 8 products. However, this restraining order for the ban is only temporary. A formal lawsuit is in the works. There is no news currently on the next plan of action for the CBD companies suing the state. As more information becomes available, we will update you with the latest. 

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