Nov 20, 2021
Delta-8 Injunction Upheld in Texas

The Third Court of Appeals of Texas has upheld Hometome Hero CBD’s temporary injunction, which will stave off Delta-8 prohibition at least until a final decision is made. On Nov. 8, the 345th Civil District Court granted Hometown Hero CBD’s application for a temporary injunction for Delta-8. Then, on Nov. 10, the 126th District Court appealed the temporary injunction at the request of the Texas Department of State Health Services (DSHS). In response, Hometown Hero CBD submitted an emergency motion to uphold its temporary injunction, which the Third Court of Appeals granted on Nov. 18.

“We are gratified that the appeals court upheld the injunction. This is a victory for veterans, for open government and for the people who call the great state of Texas home,” said David Sergi, lead attorney for Hometown Hero CBD.

The declaration by the DSHS in October was not the first attempt made in 2021 to outlaw Delta-8 in Texas. During the 2021 Texas legislative session, there were two attempts to ban Delta-8, HB 3948 and an amendment to HB 2593. Hometown Hero CBD worked with various hemp advocacy groups to prevent this legislation from passing during this period and won.

Hometown Hero CBD is not alone in its fight for Delta-8 legality in Texas. Several key allies and donors to the cause include the Texas Veterans of Foreign Wars, Delta Extrax, Ghost Hemp by Beard, Hugs Wellness, and the Texas Hemp Federation.

“This is further evidence that the hemp-derived cannabinoid industry is here to stay. Despite prohibitionist attitudes among a few decision makers, the mass majority of Texans agree with us, and the courts, that Delta-8 and other cannabinoids are legal. These useful wellness products help millions of Texans every day with pain, inflammation, ptsd, and depression,” said Jay Maguire, executive director of the Texas Hemp Federation. “We intend to fight this case all the way to the Supreme Court, if need be.”

The company is grateful to all contributors to its cause. A complete list of donors can be viewed online at

Hometown Hero CBD manufactures and distributes hemp-derived Delta-9 THC 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.

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