Will Texas Ban Delta-8 and THCa? Small Businesses Brace for Economic Fallout!

In the race between Texas officials and the U.S. Congress to regulate "intoxicating hemp," small businesses selling products like delta-8 and THCa are facing a cloud of uncertainty as the Farm Bill remains stalled.

The U.S. House Committee on Agriculture passed a version of the bill excluding "intoxicating hemp" from its text in May, while the Senate's draft retained the 2018 regulations. With no further progress on the House floor and the upcoming presidential election, many have given up hope for the Farm Bill passing this year.

Deadlines and Extensions

The 2018 Farm Bill, which expired last year, was extended until September 30, 2024. Congress must sign a new bill by then, or the bill will extend until September 30, 2025. This five-year revision cycle adds to the pressure on lawmakers.

Texas Legislative Actions

The 2018 Farm Bill's focus on hemp's agricultural potential overlooked the rise of consumable products like delta-8 and THCa. Texas' 2019 decision to allow hemp has led to a surge in these products.

However, the state is now seeking to close these loopholes.

Lt. Gov. Dan Patrick outlined legislative priorities in April, including revisiting the 2019 decision. The Texas Senate Committee on State Affairs discussed a potential ban on delta-8 and delta-9 products on May 29, but no decision has been reached.

If the federal Farm Bill does not pass by September 30, regulation will default to Texas state law until new federal legislation is enacted. With the next legislative session in Texas scheduled for January 2025, delta-8 and THCa products may remain available for at least the next year.

Small businesses are in a precarious position, facing potential financial instability. "When you don't have comprehensive cannabis regulation, you get gray markets, like what we see in Texas," said Susan Hays, a hemp and marijuana attorney.

Delta-8 and THCa are similar to delta-9 THC, the active ingredient in cannabis, which is illegal in Texas. Both are legal under state and federal hemp laws, which define legal hemp as containing 0.3% delta-9 THC or less. The main difference is in their chemical structure and effects when heated.

As Texas awaits federal and state legislative decisions, the future of delta-8 and THCa products hangs in the balance, impacting small businesses and the local economy. The coming months will be critical in determining the regulatory landscape for hemp-derived products in Texas.

Will Texas Ban Delta-8 and THCa? Small Businesses Brace for Economic Fallout!