You can find delta-8 and other intoxicating hemp-derived cannabinoids in stores across Texas. That may not be the case for much longer.Over the last couple of years, Texans have had easy access to THC — or at least a version of the chemical in cannabis that produces a high — thanks to the magic of chemistry and imprecise language in Texas law regulating hemp.
The 2018 Federal Farm Bill and Texas House Bill 1325 legalized hemp on the state and federal levels. It defined legal hemp as cannabis with 0.3% delta-9 THC or less. Manufacturers and lawmakers have argued in court over whether these laws give authority to make products like delta-8. Perry’s bill would end the argument by lumping all the THC isomers together and capping the total amount allowed in hemp at 0.3%.
Zachary Maxwell, president of Texas Hemp Growers, has been a vocal advocate for the hemp-derived THC isomer market over the last couple years. He said the industry may not survive Perry's bill. Ben Meggs, CEO and founder of the Texas business Bayou City Hemp Company, said he hopes he can work with state lawmakers on a path forward that doesn’t include a complete ban on products like theirs.