What Is Delta-8? The Cannabis Extract Temporarily Legalized in Texas

A cannabis substance known as Delta-8 has become temporarily legal in Texas after retailers challenged a ban in court.

Delta-8, short for Delta-8 tetrahydrocannabinol, is a compound found in the Cannabis sativa plant that is known to have psychoactive effects.

Cannabis producers can concentrate Delta-8 and sell it in various forms, including as Delta-8-infused gummy sweets.

According to the Texas Tribune, many cannabis product retailers in the state had thought Delta-8 was legal under this legislation.

On Monday this week, this decision was successfully challenged by a group of companies including Sky Marketing, Create a Cig and Hometown Hero.

The district court also found that the Delta-8 ban did not comply with administrative requirements.

As a result, Judge Jan Soifer ordered that Delta-8 should be made legal again via a temporary injunction, until further notice or until the case's final trial.

A final trial on the merits of the case has been set for January 28, 2022.

As of around 7 a.m. ET on Wednesday morning, the Texas health department website still states that "Delta-8 in any concentration and Delta-9 exceeding 0.3% are considered Schedule I controlled substances."

Delta-8 is found in very low concentrations in hemp, so producers will use additional chemicals to turn other cannabinoids in the plant into Delta-8.

The FDA points out that it has not approved Delta-8 products for safe use. It adds that adverse events including hallucinations, vomiting and loss of consciousness have been reported following the consumption of Delta-8 food products.