Could Texas ban the powerful THC isomers? One company is fighting to make sure that doesn't happen. The fight continues in court on Sept. 5.
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That’s why hemp companies like Hometown Hero started selling products with different forms of THC, like delta-8, which is generally regarded as less potent than delta-9. Other forms of THC, like delta-8 or delta-10, share the same chemical formula as delta-9 but are different in structure. These are called THC isomers, and are generally created through chemical synthesis. They and other compounds of the cannabis plant, like CBD, can also be referred to as cannabinoids.
While a loss is possible, the company and its attorneys are confident the hearing will go in their favor. Either way, it’s a fight that’s likely destined for the Texas Supreme Court.that it could take weeks or months for a decision to be made after the Sept. 5 hearing. If the hearing doesn’t go Hometown Hero’s way, the suit would be taken to the higher court.
But she and David Sergi, an attorney on the case, don’t think it will come to this. Sergi said he thinks they have a strong case and called this legal battle “the last stand for the prohibitionists.” DSHS posted a notice online in September 2020 for a hearing regarding changes to the Texas list of controlled substances. The notice was titled “Objection to Implementing DEA Rule Changes.” No one turned out for the hearing or sent in public comments.
Specifically, the state agency changed entries for THC and “marihuana extract” to include THC isomers like delta-8. The following year, DSHS posted on its website its contention that THC isomers were Schedule 1 controlled substances, precipitating the lawsuit with Hometown Hero. The company eventually secured an injunction to halt the THC isomer ban, which the state is now appealing.Some in the industry aren’t too sure of Hometown Hero’s chances in the higher courts.
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