SAN ANTONIO — CBD shops across Texas are scrambling to restock their shelves with delta-8 products after a judge granted a temporary injunction effectively prohibiting the state from criminalizing the cannabis extract.
A Travis County judge ruled in favor of the hemp industry Monday, which temporarily removes delta-8 from Texas’s list of controlled substances.
This comes following a lawsuit filed by an Austin-based cannabis company called Hometown Hero. The legal action challenges the state health department for revising its rules that banned delta-8 despite federal and state laws.
Eric Beals, co-owner of Backyard Botanicals, noted the lack of financial help a year ago put their business in jeopardy. But then delta-8 entered the market.
“Delta-8 is kind of what helped us out of the pandemic. Given the nature of our business, we were not eligible for any PPP loans, any government assistance," Beals said. "We just about went under."
Business at Backyard Botanicals has since boomed, with 90% of sales coming from delta-8 products.
Alex Abdul, who runs Mary Jane’s CBS Dispensary, said the immediate focus is keeping up with the big demand for delta-8 products.
“Right now in Texas, everybody is trying to find delta-8 products because the last one month," he said. "Everybody has been getting rid of their inventory and right now there is a huge shortage of delta-8."
The court battle continues with a trial expected in January.