Update: Texas is voting to ban Delta 8 – We need your help today!


May 24, 2021

Now your help is needed more urgently than ever. 

We are excited as it looks like HB 3948 will get edited back to the original definition of THC. We thank everyone for contacting your Reps!!!

But, the Senate just added similar wording into HB 2593 to make Delta 8 (and all THC forms over .3%) banned in Texas.  This bill has a high chance of passing because it lowers penalties for possession of illegal substances and it specifically added all forms of THC to the controlled substances list.   It was approved with this new change in the Senate and now must go back to the House for approval of this new wording change, made by the Senate, this week.

We urge everyone to immediately contact your House Rep today.  You can use the same email/phone script you used before, just edit the Bill # and that the new wording was added by the Senate (an example is below at the bottom of this blog). 

Here is a quick overview of the law.

Here is Bill HB2593. 

Click on “Bill” on the ‘Introduced’ line and go to page 11. The underlined section is what was just added.  The first line of the bill is:  “A BILL TO BE ENTITLED AN ACT relating to the criminal penalties for the possession of certain tetrahydrocannabinols under the Texas Controlled Substances Act.”

Background Info...

Delta 8’s legality has been  challenged across the US this year.  Some states have made it fully legal, others have moved it into marijuana dispensaries, or outlawed it completely.

Here in Texas we’ve been watching this legislative session and there had been no mention of Delta 8.  With only days left in this session and several hemp bills making their way through committee it appeared the Delta 8 issue was not going to be discussed or reviewed.

BUT…  earlier this week, HB 3948 (a bill regarding growing and researching hemp) was set to go to the House and Senate this last Monday May 17.  Literally just a few hours before it was approved out of committee, Sen. Charles Perry changed the definition of hemp.

Previously the state definition has been in line with the Federal definition of:

“the plant Cannabis sativa L.and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Sen Perry, Monday, changed the definition in the bill, removing ‘delta 9’.  This means the .3% total THC (tetrahydrocannabinol) would include all types of THC, (including delta 8, delta 10 and all other types of THC).  This would cause the Delta THC products we currently sell to be banned in Texas.

You Can Help!!

We support thoughtful policy that protects consumer safety while encouraging wellness in Texas. HB 3948 is a great step for Texas Hemp product.  But we feel this ‘last minute’ definition change to a bill is underhanded and a tactic used to push through changes at the last minute without public awareness.  

There are only a few days for you to let both the House and Senate know your opinions! This legislative session ends May 31.  This bill will be voted on in the House and Senate over the next few days.  We encourage you to contact your Tx Senator and House representatives and let them know that you support changing the definition of hemp back to the Federal definition for HB3948. You can use this search tool at the Texas Capitol website to find your state senator and house representative.

Due to the urgent nature (we only have a few days) we encourage you to call and email today!

Please be respectful in both your emails and phone calls.  Clearly state that you would like the definition of hemp in HB3948 to be changed back to the federal definition specifically adding “Delta 9 THC” back into the definition of THC- Tetrahydrocannabinol so that Delta 8 can remain legal. (An example of a phone call is below)  We also encourage you to share your story.  How has Delta 8 changed your life and what effect will the ban have on you?

We will keep you updated on what happens with this bill and when/if it becomes effective.

Updated for Bill HB2593: CALL YOUR House Rep to express your concerns. Click here to the names and phone numbers who represent you.

 See this example for your phone call (edit as needed for an email):

Hello, my name is [YOUR NAME] calling from [CITY]. I’d like to speak with someone about newly changed HB 2593.  The change would ban certain hemp derived products.

I’m calling to express my concern with the recently changed HB2593 that was passed by the Senate and is now in the House for vote on the change.  This bill will ban certain hemp derived products and effect numerous jobs, our economy and new industry. With new cannabinoids being discovered daily, we do not want to tie the hand of our industry but setting a precedence that has not yet to be set by the federal government. We would lose thousands of jobs and millions of dollars of revenue. This product is hemp derived and benefits many businesses and consumers. (Optional…Insert your story here )

Will you please send my concerns to my Rep? Thank you and have a nice day.


We ask that you stay respectful and professional as you call/email.

9 Responses

  1. G
    | Reply


  2. F
    | Reply

    Do you have access to a email or number to call with this legislative request?

  3. T
    Thomas Edwards
    | Reply

    I have 5 surgeries on my back and I have had severe pain for 16 years. The government has taken away my pain meds and the only I have left is hemp oils and Delta 8 to help with the pain. I need the Delta products, because I can’t smoke medical marijuana (I have COPD).

    • Thomas, please share your story with your reps! We love to hear how D8 has changed peoples lives! Thank you for sharing!

  4. S
    Seth Dawson
    | Reply

    Vote yea to keep delta 8

  5. A
    | Reply


    I would like the definition of hemp in HB3948 to be changed back to the federal definition specifically adding “Delta 9 THC” back into the definition of THC- Tetrahydrocannabinol so that Delta 8 can remain legal. It has helped me out tremendously with depression! I feel much happier and in a positive mood and have even slowed down a TON on drinking alcohol because Delta 8 has such a healthier effect. I have been kinder and more calm towards others because Delta 8 calms any anxiety and frustration. I would be so sad if it gets taken away because this is a good alternative for many who struggle with the problems we face in our lives.

    • Hi,
      We love to hear how Delta 8 has helped you. Please email and call your Senate and House Reps with your story (link in the blog). Every contact with our legislature makes a big difference!! Thank you!!

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