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Texas lawmakers to study potential delta-8 and delta-9 ban before next legislative session

Texas plans to address banning delta-8 and delta-9, along with regulating how shops market them to kids.

CEDAR PARK, Texas — Lawmakers won't be back at the Texas State Capitol to pass new laws for another eight months, but one issue Lt. Gov. Dan Patrick wants to tackle is already getting a lot of attention.

Patrick instructed lawmakers to look into banning delta-8 and delta-9 before the next session starts. The two cannabis products are currently legal to sell in the Lone Star State.

Pinnacle Essentials' General Manager Jon Sheridan said for a lot of the store's customers, the products just help them feel normal. 

“They are looking to get relief for some kind of ailment,” Sheridan said. “Either they're trying to get off pharmaceutical medication, they're trying to get off opioids or they're trying to stop drinking. Many different things can be helped with some of the products that we have."

RELATED: Cannabis coffee shop opens second location in Central Texas

About 85% of the store's products contain delta-8 or delta-9, which is found in the hemp plant. They have psychoactive or mildly psychoactive effects.

“Both considered legal hemp products, so long as the hemp plant that they are derived from had less than 0.3% delta-9-THC specifically,” Sheridan said.

Sheridan said the store has customers from 21 years old to their 80s. But most are veterans, like David Karp.

Karp said serving can really affect your mental health. He said trauma like PTSD leads many veterans to have unhealthy coping mechanisms, like drugs, alcohol and cigarettes. But he said hemp products help.

“I'll have mood swings, easily agitated, angry,” Karp said. “My thoughts have slowed down. I am controlling my breathing. I’ve become relaxed. I’m more present with my friends and family.”

RELATED: AG Ken Paxton sues Texas cities, including Austin, for decriminalizing weed

But the state's lieutenant governor isn't a fan of cannabis or hemp products. He told the Senate Committee on State Affairs to make recommendations to further regulate the sale of delta-8 and -9, as well as regulating how shops market them to kids.

Over the next few months, the committee will meet, study the issue and make recommendations for laws the Texas Senate could consider next year.    

“If it was just re-examining delta-8 and -9, we'd actually be very happy with a lot of the things that are stated in the description,” Sheridan said.

According to the Texas Department of State Health Services, smokable hemp is not age-restricted. So stores can legally sell that to a minor with no repercussions.

“We totally agree with making some changes to the legislation to incorporate that," Sheridan said. "Our problem is the scare of using the word 'banning.'"

Sheridan said a ban on delta-8 would put Pinnacle Essentials out of business.

“It wouldn't necessarily harm us as much as it would harm the consumers,” he said. 

KVUE reached out to Patrick's office to learn more about why he wants delta-8 and -9 banned, but we did not hear back.

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