Chris Fagan, owner of the Bee Hippy Hemp Dispensary, was jailed briefly in June by Garland, Tex., police on suspicion of selling marijuana. Fagan says hemp products he sells are legal under federal and Texas law. The Bee Hippy Hemp Dispensary offers customers gummies and oils derived from hemp, the cannabis plant that — unlike marijuana — is legal under Texas and federal law. One of the most popular items: earthy greenish-brown nuggets known as THCA hemp flower, which some customers smoke.
In the absence of federal clarity, states have moved to crack down on some intoxicating hemp-derived products — sparking legal challenges. A federal judge in Arkansas in Septemberwere legal under federal law. In Texas, an appeals court in September kept in place a temporary pause on the state’s ban on a hemp-derived product calledIn Dallas, Fagan and his attorney remain hopeful that local prosecutors will decline to press charges.
“If you wanted to start a business in California that’s manufacturing cannabis products, I would tell you it’s going to take you at least a year and six figures,” Thorne said. “Whereas, if you wanted to start making delta-8, you could basically just buy some hemp from somebody and start making it.” Aubree Adams, of Houston, has advocated for the prohibition of hemp-derived products to protect public health. She said her son struggled with marijuana use in Colorado, then moved to Texas for treatment. When she reconnected with him in December, Adams said, he was “skin and bones” and admitted he relapsed by using delta-8, describing it as easy to get in Texas.
States such as Kentucky have banned delta-8 products for sale to people under 21. More than a dozen states, including Arkansas, have banned sales outright. In that state, a federal judge agreed with retailers who sued, saying products such as delta-8 are “likely legal under the 2018 Farm Bill.” The Arkansas attorney general’s office said it will appeal.
Texas Hemp Growers, an industry group, has been warning retailers that carrying THCA products is “playing with legal fire,” said Zachary Maxwell, the organization’s president. The reason: Police departments generally use a testing process that heats up samples, converting THCA into delta-9 THC. He worries that
In 2020, during the height of the coronavirus pandemic, Fagan opened his shop. He said he stocked THCA flower — strains with names including White Truffle and Italian Ice — purchased online from out-of-state wholesalers. He sold them from glass jars, by weight, always telling customers the flower could affect them if smoked.
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