Delta 8 THC Nerds Rope gummies and Delta 8 THC Nerds Bites, legal cannabis products sold by Natural Dragonfly Wellness, are viewed at their booth during the Florida Man Games, Saturday, March 1, 2025, in Elkton, Fla. (Phelan M. Ebenhack | AP)
The Texas Supreme Court ruled Friday a group of hemp retailers can sue the Department of State Health Services for effectively criminalizing delta-8.
But the court lifted a temporary injunction granted against the department — meaning for now, DSHS has the authority to enforce a notice on its website making delta-8 illegal.
Justices ruled DSHS is protected by sovereign immunity — a legal principle that protects the state and state agencies from suit — because Texas law gives the agency’s commissioner the authority to classify delta-8 as a Schedule I controlled substance.
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Schedule I substances are defined at the federal and state level as drugs with no accepted medical use and a high potential for abuse, and possessing or distributing them has criminal consequences.
The court also ruled the website notice isn’t subject to the Texas Administrative Procedure Act, dismissing the plaintiffs’ claim that DSHS didn’t follow the proper rulemaking procedures when it issued the notice.
This story is developing and will be updated.