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Monday, October 3, 2022
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Texas Judge Issues Temporary Injunction On Delta-8 THC Ban

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Examples of Delta-8 THC products from the DELTA 8 PRO brand. | Image from DELTA 8 PRO

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This past Friday, a court hearing was held regarding the recent ban on the Delta-8 variant of THC. A temporary injunction was granted and issued on Monday by a Texas judge. This legal fight was led by ‘Hometown Hero,’ a cannabis wholesaler located in Austin.  

The injunction comes after the Texas Department of State Health Services (DSHS) listed Delta-8 THC as a controlled substance. Listing Delta-8 as a controlled substance banned businesses from selling any form of it in late October.

Hometown Hero was one of many wholesalers to become angered by the new law as it had appeared to the businesses affected that the state’s health department passed the ban quietly. They were forced to remove merchandise off their shelves while dealing with a loss of revenue. 

Following the injunction, Hometown Hero and other wholesalers are grateful they can resume their sales of Delta-8 THC for now.  

We got the injunction. We are good to go, Lukas Gilkey, the founder, and CEO of Hometown Hero shared in a YouTube video posted on Monday morning following the news of the injunction. You are free to sell delta-8 in Texas as of right now.   

Per a court order issued on the matter, the Texas Department of State Health Services shall remove from its currently published Schedule of Controlled Substances the most recent modifications of the following terms Tetrahydrocannabinols and marijuana extract and any subsequent publications of the same (if any) until further order of this court.   

Lukas Gilkey knows the fight is not over as he and his wholesale counterparts must continue their legal battle to overturn the ban on Delta-8 THC.  

“The fight isn’t over. We still need your help, Gilkey stated per the Dallas ObserverWe are expecting the state to appeal this immediately, but it shouldn’t change anything, and we should be able to keep proceeding forward.  

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