Local CBD store owners frustrated with Delta-8 ban

Fatty's Smoke Shop
Fatty's Smoke Shop(KBTX)
Published: Oct. 25, 2021 at 5:41 PM CDT
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COLLEGE STATION, Texas (KBTX) - Hometown Hero, and Austin-based hemp company, is suing the Texas Department of State Health Services for including Delta 8 in the state’s Schedule 1 prohibited substances list. The company submitted a request for a temporary restraining order, which was denied by a Travis County judge. Since the TRO was denied, the hemp derivative remains illegal in the state.

Three years after federal legislation legalized marijuana extract Delta-8 THC, the state of Texas says it’s off limits in the lone star state, sending shockwaves through the CBD industry.

“One day everything was fine and dandy and the next it was not. Which we think is very unfair,” said Fatty’s Smoke Shop spokesperson, Jesse Singh.

Nearly two years ago Governor Abbott signed House Bill 1325, legalizing any hemp product containing less than 0.3 percent THC, including the majority of Delta-8 products.

However, last week DSHS said Delta-8 was classified schedule 1, meaning no acceptable medical use.

This news blindsided local CBD shop owners.

Aggieland CBD, says they “do not agree but will abide” with the new legislation.

Mr. Smoke & Vape off Texas Avenue says they had to take the product off their shelves after hearing the recent news.

Elevated CBD & Smoke owner, Stephen Gurkha lll, said they also just pulled the product off of their shelves after the new legislation “came out of nowhere.” Gurkha said that Delta-8 had been one of the shop’s top sellers the past eight to 10 months with clients ranging in ages from 21 up to 92 using.

Gurkha says some of Delta-8′s benefits include decreasing pain, inflammation, anxiety, and stress.

“One of the main issues that we have with the state is just going ahead and scheduling Delta-8 as a schedule 1 controlled substance,” said local criminal defense attorney, Craig Greening. “That means that any amount of Delta-8 inside a plant, whether it’s hemp or cannabis, can cause that to be a state jail felony, third degree felony. If you are caught with that drug, in any amount, even a miniscule amount, you could be arrested for a felony charge.”

The change leaves local stores like Fatty’s Smoke Shop to take a hit.

“I would say that Delta-8 currently had been about 20 percent of the day to day sales,” said Singh.

It also leaves Singh worried about his regular customers who used Delta-8 for pain and anxiety alleviation purposes.

“The stereotype of the teenage stoner is over, there are so many good people who just need relief,” said Singh. “It was a very good medicine that is being taken away and I think there is going to be an outcry of upset-ness.”

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