LUBBOCK, Texas (KCBD) – The latest round of Texas hemp regulations is set to take effect, forcing shops across the state to remove more products from their shelves.
Jennifer Garza, owner of CBD American Shaman in Lubbock and a member of the Texas Hemp Business Council, said the Department of State Health Services has been systematically eliminating her inventory.
“They have single-handedly each month taken a product away from us and had stated that they are going to continue to do that until they put us all out of business,” Garza said. “So it hurts. Every time they take a product from us, it kills our business.”
The state’s latest move classifies products with more than trace amounts of Delta-9 THC as controlled substances. According to federal law, consumable hemp products cannot contain more than 0.3 percent concentration of Delta-9 tetrahydrocannabinol (THC).
The redefinition in Texas happened in 2021, but was put on pause as courts debated its legality. The Texas Supreme Court recently lifted a temporary injunction, meaning DSHS has the authority to classify Delta-8 as a Schedule I controlled substance.
That puts hemp stores across the state in a bind, as it makes up a good portion of inventory. Garza, for example, says it will affect about 30% of her products.
According to the National Institutes of Health, the difference between Delta-8 and Delta-9 is at the molecular level. Both are found naturally in hemp. Garza said that distinction is one of the biggest misconceptions state lawmakers have about her products.
“For years now, I’ve been trying to explain the difference between synthesized and synthetic,” Garza said. “Synthesized or hemp-derived Delta-8 products, they start from CBD. So they come from hemp. Synthetic is 100% artificially made. So how is that synthetic — that’s synthesized?”
The latest regulation comes as lawmakers continue to hear testimony and debate a potential outright ban during the coming legislative session.
Garza said despite the increasing regulations, and despite accusations against her industry, she remains committed to her customers.
“We’re the first CBD store here and we’re still standing and fighting and being the advocate and the voice for Texans,” Garza said. “I refuse to sell anything in my store that’s harmful to anybody. I care more about my customers than just making a quick dollar.”
The Delta-8 ban goes into effect July 31.
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