The appeals court’s ruling represents an important step towards maintaining checks and balances between government entities while considering the rights and interests of businesses and consumers operating within the delta-8 THC market. The Texas Court of Appeals 3rd District recently ruled against the state’s Department of State Health Services (DSHS), stating that the agency did not follow proper procedure and lacked the authority to ban delta-8 THC by placing it on the controlled substances list. The precedent established by this decision may have far-reaching effects beyond Texas, potentially encouraging other state governments to carefully review their regulatory processes and rules related to controlled substances, including delta-8 THC. Upholding the trial court’s decision and a temporary injunction may grant further legitimacy to the sale and distribution of delta-8 THC products within the state. Given the recent verdict of the appellate court, it seems unlikely that the state supreme court would reverse a decision that could potentially establish a precedent allowing a 4th branch agency to exceed its power governed by the state legislature.Implications for Delta-8 THC IndustryThis verdict has significant implications for the delta-8 THC industry in Texas.
The Texas Court of Appeals 3rd District recently ruled against the state’s Department of State Health Services (DSHS), stating that the agency did not follow proper procedure and lacked the authority to ban delta-8 THC by placing it on the controlled substances list. This decision concerns the Department declaring that delta-8 THC is a Schedule I controlled substance without adhering to required procedures.
Temporary Injunction Issued
As a result of these actions, the trial court initially granted a temporary injunction against the amendments made by the Commissioner of DSHS....
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