Texas high court hears challenge to agency's classification of delta-8 THC and scope of regulator's authority The Texas Supreme Court considered whether the health services commissioner exceeded statutory authority in clarifying that certain forms of THC, including delta-8, are controlled substances and whether businesses have standing to seek injunctive relief. Counsel disputed whether the challenge targets criminal enforcement, civil license consequences, or both.

The Texas Supreme Court is diving deep into the controversial classification of delta-8 THC, questioning if the health services commissioner overstepped their authority and what it means for businesses across the state.

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Texas Supreme Court hears dispute over agency’s THC scheduling and delta‑8 enforcement At oral argument in Texas Department of State Health Services v. Sky Marketing (No. 230887), the Supreme Court of Texas weighed whether the health‑services commissioner exceeded statutory authority by clarifying the state controlled‑substances schedule to cover certain forms of THC, including delta‑8, and whether the businesses bringing suit have standing to seek injunctive relief.

The Texas Supreme Court is debating whether a health commissioner overstepped authority in regulating delta-8 THC, potentially putting hemp businesses at risk of becoming “overnight felons.”

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#TX #ControlledSubstances #TexasHealthServices #AgencyAuthority #EconomicImpact