Some Texas vape, CBD shops have sold products with illegally high THC levels, police say

The Allen Police Department has notified local vape and CBD shops that investigations have revealed some are selling products with illegal levels of THC, either knowingly or unknowingly.

This is the latest development in the ongoing political controversy surrounding consumable hemp products, like THCa and delta-8, as state leaders prepare to discuss a potential statewide ban on them next week.

Arguably one of the biggest loopholes in legislation, delta-8 and THCa sales are reaching new heights in Texas as users learn its effects are eerily similar to cannabis, but Allen PD says some vape and CBD shops have crossed the line, the Dallas Observer reported.

“This letter shall serve as notice that the Allen Police Department has identified cannabidiol (CBD) and vape establishments, similar to yours, within the city of Allen are selling illegal THC products, whether knowingly or unknowingly,” the letter states. “As such, APD would like to advise you of such actions and possible consequences necessary due to violations of state law regarding the manufacture and delivery of a controlled substance…”

More: House excludes hemp from 2024 Farm Bill draft. What does this mean for delta-8 in Texas?

Law enforcement testing methods use heat, which converts legal THCa into illegal cannabis products

Delta-8 and THCa sales are rapidly increasing in Texas as users discover their effects are strikingly similar to delta-9 THC, the active ingredient in cannabis or marijuana, which is illegal in Texas.

Both delta-8 and THCa are legal under state and federal hemp laws, which define hemp as cannabis products containing 0.3% delta-9 THC or less.

The main difference between delta-8 and delta-9 THC is the location of a double bond: delta-8 has it on the eighth carbon, while delta-9 has it on the ninth. THCa, on the other hand, is not psychoactive in its natural form. However, when heated—a necessary step for smoking—it converts into delta-9 THC.

Manufacturers claim their THCa products contain 0.3% delta-9 THC or less and only exceed this limit when heated. However, most law enforcement testing methods involve heating the products, which converts the legal THCa into illegal delta-9 THC.

Texas Senate Committee on State Affairs scheduled to discuss potential statewide ban on "intoxicating hemp" products next week

Last month, Lt. Gov. Dan Patrick released a list of legislative directives, which includes prioritizing a review of the Senate's 2019 decision permitting the initial sales of cannabis-derived products in Texas.

Next week, the Texas Senate Committee on State Affairs will discuss potentially imposing a statewide ban on delta-8 and delta-9 products. According to the public hearing notice, the committee will "examine the sale of intoxicating hemp products in Texas" and "make recommendations to further regulate the sale of these products, and suggest legislation to prevent retailers from marketing these products to children."

This hearing comes after the recent reveal of the U.S. House of Representatives' Farm Bill draft, which omitted hemp from its text despite legalizing the commodity in 2018.

How to testify: Senate hearing on delta-8 ban in Texas is next week.

This article originally appeared on Lubbock Avalanche-Journal: Texas vape, CBD shops sold products with illegal THC levels, police say