Delta 8 THC product raising questions about legality, local lawsuits

COLLEGE STATION, Texas (KBTX) – The growing debate around THC products is casting a long shadow over some new merchandise in tobacco stores and CBD stores.

Delta 8 is a THC product that you can buy, but there are local concerns about its legality.

On Saturday, a Bryan woman was arrested for criminal possession after police said she had Delta 8.

“I think because Delta 8 is THC that’s where the gray area is. Because it’s within the legal limits of what you can take, that’s what makes it legal in the 2018 Farm Bill, â€said Kim Augsburger, owner of CBD American Shawman at College Station.

She says some people use it for things like managing pain, anxiety, or helping sleep.

Augsburger says their products are below legal limits for THC and have packaging that can be scanned to show the contents to law enforcement.

“For about the first six months or so, Delta 8 was a big product in the market, I was very suspicious. I am a follower of the rules … I did not want to sell a product that was well over 0.3% [THC] which is legal in the state of Texas, â€she said.

You must be 21 to buy Delta 8. Here at Kim’s store, she has anyone purchasing the product sign a recognition form, letting them know that they will test positive for a drug test by the. using.

The problem police and prosecutors find is figuring out how much THC is in Delta 8 when they find it. There are also limitations on the tests for this.

“A lot of products that exist, you can’t tell what’s in them,†Augsburger said.

“It’s a really confusing mess and everyone is really scratching their heads, which are legal and which are not,†said Peter Stout, Ph.D., president and CEO of the Houston Forensic Science Center. .

“The Delta 8 THC derived from hemp is kind of a gray area. It may be legal, but Delta 8 derived from marijuana would still be illegal. I can’t tell you or anyone else, â€Stout said.

“Delta 8 is a controlled substance and at least in Brazos County if you have Delta 8 you will be prosecuted. Now they will probably still meet that 0.3% threshold and it could drop from the lab to less than 0.3%. In that case, the prosecution may decide not to go ahead, but it was after your arrest that you hired a lawyer, â€said Shane Phelps, KBTX legal analyst.

Phelps currently has a customer who is facing charges after purchasing Delta 8 online.

“My advice to anyone in your listening area is not to have THC,†added Phelps.

Brazos County District Attorney Jarvis Parsons was unavailable for an interview on Tuesday, but said by phone the situation with Delta 8 was complicated.

Brazos County law enforcement says they are dealing with Delta 8 on a case-by-case basis. They encourage you to keep the original packaging and receipts and keep them closed if you are traveling in a vehicle.

The legislature considered banning Delta 8, but those efforts failed in the last session.

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