Delta-8 Sales to Resume in Texas: Judge Grants Hometown Hero Temporary Injunction

Delta-8 will once again be available in stores and available to purchase online in the Lone Star State.

Hometown Hero CBD is pleased to announce that the 345th Civil District Court has granted its temporary injunction. This decision permits the sale of Delta-8 products in the state of Texas. On Oct. 15, the Texas Department of State Health Services declared on their website that Delta-8 THC, in any concentration, is a Schedule I controlled substance.

The declaration had put many small businesses that rely on the sale of Delta-8 products in disarray. In response to the DSHS's declaration, Hometown Hero CBD applied for a temporary restraining order against the state of Texas, which was denied on Oct. 20. Hometown Hero CBD was joined by Mitch Fuller, the Texas Veterans of Foreign Wars' director of government and public affairs, the Texas Hemp Federation, and other advocates in this hearing. Another hearing will occur to determine Delta-8's designation as a controlled substance.

"We got the injunction, we are good to go, and you are free to sell Delta-8 in Texas as of right now. I want to give a huge thank you to the companies that helped and donated. There were a ton of stores that put money in. In terms of big donors, we had Delta Xtracts and Ghost Hemp. Also I want to thank Vape City; they filed another suit, and they were fighting on their end which actually helped us in some ways," said Lukas Gilkey, CEO of Hometown Hero CBD. "The fight isn't over, we still need help, so please donate to our attorneys directly or you can donate to the Texas Hemp Federation."

Delta-8 is a form of THC that is widely legal in any concentration due to the following criteria:

  • Hemp is cannabis with a 0.3% or lower concentration of Delta-9 THC by dry weight 
  • The 2018 Farm Bill legalized hemp and hemp-derived cannabinoids on a federal level
  • Many states, including Texas (HB1325), adopted legislation similar to the 2018 Farm Bill 
  • Delta-8 is a hemp-derived cannabinoid 
  • Delta-8 is an isomer of, but not the same compound as, Delta-9 THC

For those curious about Delta-8 THC products, Hometown Hero CBD offers free Delta-8 gummy samples for first-time customers 21 and older.

About Hometown Hero CBD

Hometown Hero CBD manufactures and distributes hemp-derived Delta-8 THC, Delta-9, and CBD products. Founded in 2015 by U.S. Coast Guard veteran Lukas Gilkey and Lewis Hamer, the company donates a portion of proceeds from all products sold to various charities and organizations that support veterans. These nonprofits include the Disabled American Veterans, Veterans of Foreign Wars, Soldiers' Angels, and Operation Finally Home. For more information, visit or follow the brand on Facebook, Twitter, or Instagram at @HometownHeroCBD.

Source: Hometown Hero CBD

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