“We’ve had customers leave the store crying,” Barrett said. “It’s unfortunate. It breaks my heart to send them away, but we absolutely have to. We can’t risk criminal charges.”
“We thought that we had at least another couple years before anything would happen,” Barrett Smith, owner of CBD American Shaman in Pflugerville, said.
“I have to depend on the community to support my business.”
PFLUGERVILLE, Texas — The Texas Department of State Health Services updated its website on Oct. 15, clarifying that delta-8 THC products are illegal in Texas. The change came as a surprise to CBD stores across the state.
Barrett says now he’ll have to make do selling the CBD products that remain on his shelves, hoping customers keep coming in his doors.
The federal farm bill changed the definition of “lawful marijuana extracts” to include any extract that has lower than 0.3% of tetrahydrocannabinol (THC), the main psychoactive compound in marijuana. Delta-8 falls into this category. The state hemp law did not discuss delta-8 at all and it’s this omission health officials point to as the reason it is still unlawful in Texas.
Delta-8 is a popular cannabis extract and can be found in everything from candy to vape cartridges for sale in smoke shops and CBD retailers.
The state’s notice a week ago has been decried as unfair and confusing by CBD companies from around the state. Delta-8 has become a top-selling product because of its ability, users say, to produce the “high” effect of marijuana.
This lush green plant is creating buzz in Texas. ABC13 reporter Steve Campion investigated what it is, its effects on the body and whether or not it is legal in Texas.