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“We need to be sure that whoever selling is educating the customer and that it’s not in every, you know, convenience store or any shop that just has a license to sell products,” Sterling said.

Sterling said he was blindsided by the state’s latest update this month.

Maxwell agrees that regulation is needed.

AUSTIN (Nexstar) — The state surprised CBD stores and convenience stores across Texas by updating its guidance for Schedule 1 Controlled Substances recently to include commonly-sold hemp product, Delta 8.

DSHS did not respond to Nexstar Media’s email or phone requests for comment on the recent update, or how the agency would be investigating cases moving forward, if at all.

But industry leaders say the only communication the state has given the public so far is a brief update to the wording on their website.

Currently, law enforcement officials would be tasked with testing the drug and charging anyone caught with Delta 8.

“The state should be more concerned about making sure that these products are manufactured responsibly, instead of pushing them to the black market,” Maxwell explained.