The Texas Tribune reports
To retailers, the notice seemed arbitrary and unfair.
“This is really out of nowhere. It’s not based on science, it’s not based on any real threat to Texans,” Rick Trojan III, a board member of the Hemp Industries Association, said. “The whole thing is confusing for everyone involved. It sounds like DSHS doesn’t even understand why they know what they’re doing.”
Trojan said he had not heard any “hemp grower” confused over the law.
Until that notice a week ago, several stores claimed the state had done nothing to notify them that delta-8 was illegal.
it Smoke & Vape, a CBD store in Allen, says it will not stop selling delta-8 until it is forced to.
Other stores, like Your CBD in Mesquite, did not know about the new guidance when asked by The Texas Tribune. An hour later, the company pulled delta-8 from shelves.
“It’s still on our shelves until it’s legally decided that it’s illegal,” a manager at Lit Smoke & Vape said. “Those people don’t have any authority over the law. So until the law states that it’s illegal then, no, we will continue to sell it. They tried to ban CBD two years ago and they got sued and it fell through. So it’s going to happen again.”
Last May, the Texas Legislature attempted to make delta-8 illegal, but the issued failed.