Texas DSHS Weighs in on Delta-8

5,852 Views | 36 Replies | Last: 3 yr ago by pagerman @ work
PlaneCrashGuy
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AG
Quote:

Ever since the production of hemp was legalized on the federal level and in Texas, people have claimed that a grey area in the law allows them to sell and get high off of hemp-derived products such delta-8 THC. To the Texas Department of State Health Services (DSHS), there's no grey area. They say it's all illegal.

The 2018 U.S. Farm Bill removed cannabis products containing less than 0.3% of THC from the Schedule I controlled substance list. A year later, Gov. Greg Abbott signed into law House Bill 1325, which legalized the growing of hemp that contains less than 0.3% delta-9 THC. But the state hadn't said anything specifically about delta-8, which is less potent than delta-9, the chemical in marijuana chiefly responsible for getting users high.

Delta-8 is chemically similar to delta-9 THC but occurs naturally in plants in only small amounts. It can be derived chemically, however, from legal compounds found in hemp.

Manufacturers, arguing that federal law now allows for products derived from hemp, have ramped up production of delta-8 and other isomers of THC, except for the still-banned delta-9. Delta-8 has become a popular item in smoke shops around Texas. But the DSHS added a statement to its website that some say put questions over delta-8's legality to rest.

The statement reads: "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). All other forms of THC, including delta-8 in any concentration and delta-9 exceeding 0.3%, are considered Schedule I controlled substances."
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I'm not sure if people genuinely believe someone is going to say, "Wow, if some people say I'm a moron for not believing this, it clearly must be true."

It's not much a persuasive argument. It really just sounds like a bunch of miniature dachshunds barking because the first one one barked when it thought it heard something.
aggielostinETX
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I don't think they can do that?
Eso si, Que es
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thank god for the government, I have no idea how people survived for millennia without their constant intervention.

the world is burning, and they are worried about delta 8. How bout you get off your asses and start suing these companies enforcing non existent mandates and lets get the SC focused on salvaging just a couple of our liberties.
damiond
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What does this mean? Tickets for vape and head shops selling the stuff?
Tanya 93
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It's legal here
AGHouston11
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What difference does it really make there is a freeway full of narcotics coming across the Rio Grande River everyday.
fooz
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How are they testing it though? Last I heard, cases were being dismissed because there is only a few labs in TX that can test at those levels.
Aggie4Life02
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We are a nation of laws, people...
Clob94
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I'm sorry.

I can't comment on this until Spyderman shows up and posts his opinion on this matter.
Whirligigs
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This is the last thing on my ****ing mind right now.
BenFiasco14
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So stupid. Why?
CNN is an enemy of the state and should be treated as such.
one MEEN Ag
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Wait, its the department of state health services? How does their interpretation of this even matter?

I'm not a weed backer by any means, but how does this department get to declare something illegal?

Seems like as the law is written delta 8 is a work around. If you want to stop delta 8, write a better law.
aggielostinETX
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one MEEN Ag said:

Wait, its the department of state health services? How does their interpretation of this even matter?

I'm not a weed backer by any means, but how does this department get to declare something illegal?

Seems like as the law is written delta 8 is a work around. If you want to stop delta 8, write a better law.


They can't.
PlaneCrashGuy
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one MEEN Ag said:

how does this department get to declare something illegal?

Seems like as the law is written delta 8 is a work around. If you want to stop delta 8, write a better law.
This is what I was hoping to see discussion on.
I'm not sure if people genuinely believe someone is going to say, "Wow, if some people say I'm a moron for not believing this, it clearly must be true."

It's not much a persuasive argument. It really just sounds like a bunch of miniature dachshunds barking because the first one one barked when it thought it heard something.
Aggie4Life02
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Not sure why people in government are obsessed with protecting people from their own stupid mistakes, vis-a-vis the war on drugs. Mind your own F'n business.
Bird Poo
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Aggie4Life02 said:

Not sure why people in government are obsessed with protecting people from their own stupid mistakes, vis-a-vis the war on drugs. Mind your own F'n business.
Making rules justifies their jobs.
Gigemags382
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Eso si, Que es said:

thank god for the government, I have no idea how people survived for millennia without their constant intervention.

the world is burning, and they are worried about delta 8. How bout you get off your asses and start suing these companies enforcing non existent mandates and lets get the SC focused on salvaging just a couple of our liberties.

Actually government intervention has been the norm for millennia and people haven't survived very well.

We've had a short window of freedom and resulting prosperity that is quickly closing.
AggieVictor10
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weed
Some Junkie Cosmonaut
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PearlJammin said:

Aggie4Life02 said:

Not sure why people in government are obsessed with protecting people from their own stupid mistakes, vis-a-vis the war on drugs. Mind your own F'n business.
Making rules justifies their jobs.
aggieforester05
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DHS can GFTS!
numetalbizkitaggie
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SoCons can get mad and stomp their feet all they want about that evil dirty devils lettuce, but the federal law (signed by Trump nonetheless) will supersede state law.
WaltonAg18
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fooz said:

How are they testing it though? Last I heard, cases were being dismissed because there is only a few labs in TX that can test at those levels.
That's led to a few issues since there's no field test that allows for accuracy at those levels, they have to be sent off for LC/MS and that can take a significant time depending on the lab availability.
No one should have to work to survive. Your right to life should not depend solely on your ability to produce capital.
End Of Message
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[This was the one. - Staff]
pagerman @ work
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numetalbizkitaggie said:

SoCons can get mad and stomp their feet all they want about that evil dirty devils lettuce, but the federal law (signed by Trump nonetheless) will supersede state law.
Not necessarily.

Quote:

In May, Stephen Pahl, DSHS associate commissioner for consumer protection, provided testimony on delta-8's legality to the Senate Committee on Water, Agriculture and Rural Affairs. He explained to the committee that the Drug Enforcement Agency modified its drug schedules to unschedule hemp and change the definition of lawful marijuana extracts to those containing no more than 0.3% delta-9 THC.

"It didn't mention delta-8," Pahl said. But state law allows the commissioner of health to object to federal drug schedules.

"Because of the way the DEA defined a marijuana extract as only delta-9 THC and because there are compounds, or isomers of THC, that have pharmacological or psychoactive properties, the commissioner of health opted to object to those schedules," Pahl told the committee. "Essentially, what that means is delta-8 still remains on the Schedule 1 drug schedule."
This actually sounds like a good issue to be resolved in court as to what powers the commissioner of health actually has vis-a-vis the law as written and how it is interpreted.

But it doesn't sound like a slam dunk either way.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. It's inherent virtue is the equal sharing of miseries." - Winston Churchill
ttu_85
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Aggie4Life02 said:

We are a nation of laws, people...
Not any more and havent been for 12 years now.
The Fife
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Aw hell, and I was about to say something about it being legal in SC.

But for real, how'd I manage to post here before Grapesoda? Did he catch a perma?
aggieforester05
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It's time for Texas Republicans to embrace liberty and reject the type of tyranny that reins supreme within the scumbag Democrat party.
jetch17
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sooo load up on the ocho here in TX before head shops & american shamans are forced to nix it?
aggieforester05
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jetch17 said:

sooo load up on the ocho here in TX before head shops & american shamans are forced to nix it?
Yeah, I'm wondering what the time frame is for this and I'm pissed it's even something that needs to be considered.
Slyfox07
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Whirligigs said:

This is the last thing on my ****ing mind right now.
My thoughts exactly. I've never even heard of this issue. haha
Some Junkie Cosmonaut
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We're led by worthless dumb ****s
ShaggySLC
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Did Grapesoda catch a ban? I'm trying to send him an interview and I can't even find him in the search
JR Ewing
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Make no mistake, Delta 8 and legalization is a direct threat to big pharma. They will go after it to ensure it doesn't come to market. Big pharma controls Washington and the localities as well.
Win At Life
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one MEEN Ag said:

Wait, its the department of state health services? How does their interpretation of this even matter?

I'm not a weed backer by any means, but how does this department get to declare something illegal?

Seems like as the law is written delta 8 is a work around. If you want to stop delta 8, write a better law.


Good thing they didn't also declare alcohol to be on their schedule 1 banned list.
aggieforester05
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Win At Life said:

one MEEN Ag said:

Wait, its the department of state health services? How does their interpretation of this even matter?

I'm not a weed backer by any means, but how does this department get to declare something illegal?

Seems like as the law is written delta 8 is a work around. If you want to stop delta 8, write a better law.


Good thing they didn't also declare alcohol to be on their schedule 1 banned list.
They're taking notes from the Biden administration. If they can't get legislation passed, just ban whatever your "donors" don't like by executive fiat via some unelected/unaccountable bureaucracy.
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