Austin's Delta 8 industry has been turned on its head after Texas health officials clarified that the cannabinoid is on the state list of illegal substances, though it was previously believed to be legal by most retailers, consumers and manufacturers.
After State District Judge Gary Harger denied a request for a temporary restraining order set forth by Hometown Hero CBD on Friday. Hometown Hero CBD is now asking for other retailers to join them in their lawsuit, which they said will cost around $500,000.
House Bill 1325, which was signed in June 2019 by Gov. Greg Abbott, and the Farm Bill, signed into law by former President Donald Trump in 2018, legalized any hemp product containing less than .3% THC. The same bills were thought to have made Delta 8 legal, though the Texas Department of State Health Services added a notice on its website saying it was still a controlled substance as of Friday, Oct. 15.
Both the federal and state governments keep separate lists on what is considered a controlled substance. Marijuana is considered Schedule I, a category reserved for substances with "no currently accepted medical use and a high potential for abuse," both statewide and federally.
Austin-based CBD retailer Grassroots Harvest CEO Kemal Whyte, like many CBD shop retailers, was blindsided by the announcement. Many small businesses rely on Delta 8 for their sales—Green Herbal Care CBD said about 90% of its sales come from Delta 8—and Whyte said he is frustrated by the inconsistencies in the drug scheduling system.
Since 87% of Texans support the legalization of marijuana, at least for medical use, per a recent poll, Whyte said he wonders who this legislation is for.
"It's gonna have a massive impact on small businesses—there's just no way around it," Whyte said. "The reality is, we don't want to push out anything bad for our customers, we want this to benefit our customers and to help them. If we can make money while doing it, that's the American dream. What are we doing, whose benefit is this for?"
Delta 8 surged in popularity after the perceived legalization—consumers enjoyed its lower psychotropic potency, decreased anxiety while using it and the peace of mind as a legal way to get high. So in order to protect their products and livelihoods, both Grassroots Harvest and Austin-based manufacturer Hometown Hero CBD are taking legal action.
Whyte said Grassroots Harvest is participating in the suit against DSHS, saying their action is creating negative effects in the market. Meanwhile, a Hometown Hero CBD spokesperson said the company is in the process of filing a temporary restraining order that would pause the ban on Delta-8 in the state of Texas.
Threats against Delta 8 are not new—DSHS lost a lawsuit trying to make "smokable hemp products" illegal last year and Texas lawmakers had been considering a bill that would make Delta 8 illegal, though it was dropped after the clarification was made.
Hometown Hero CBD released a formal statement in response to the DSHS rule.
"I need to be clear—we love Texas, we're just choosing to fight for the will of the people in regards to cannabis in Texas," Hometown Hero CBD CEO Lukas Gilkey said in a statement. "(Texas DSHS) are using backhanded ways to create legislation and go against the will of the people."
Whyte laments the fact that it would be easier legally to "open up a strip club that also sells guns," and said he can't post customer testimonials that mention the benefits of Delta 8 without getting hit with a cease and desist from the Food and Drug Administration. Whyte said he isn't opposed to regulation—far from it—he just wants to see it go through the correct channels.
"The fact that they're stunting our ability to communicate with our clients that want to learn about this, you're preventing us from communicating with them and teaching them, or spreading information that we know," Whyte said. "I think that that in and of itself opens up a lot of questions."
Grassroots Harvest still has Delta 8 products on its shelves for the time being but for how long, Whyte doesn't know.
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Downtown may be recovering from the pandemic but the priorities residents want in their city center are changing, according to the City Pulse Survey done by design firm Gensler.
After studying 7,500 people in 15 global markets, including Austin, Gensler found that life in COVID has pushed city-dwellers to want more outdoor activities, social spaces and entertainment venues in bustling business districts.
Post-pandemic, the highest-rated downtown activities were shopping, visiting parks and just “hanging out.” The need for more public spaces like parks jumped from sixth on the list to second this year.
Although globally people view downtown as a business district for task-based activities, across the U.S., downtown districts are viewed more as a vehicle for entertainment. This is especially true for Austinites, where people surveyed said they would rather see more entertainment and cultural venues than shopping or public transit downtown.
For Melanie Gartman, a manager at construction software company Levelset who has been living in Austin for most of her life, the needs and wants of the average resident closely align with her own.
Austin clocked in second-most desirable downtown, tied with Charlotte, North Carolina. Like the 78% of Austinites in the survey, Gatman said she thinks Downtown Austin is hanging on to its lovable charm.
“Even now with fewer people out and about it's still very vibrant and lively. I feel like I saw life come back to downtown a lot sooner than I expected it to,” Gartman said. “It's still holding on a bit that Austin vibe and with the high rises coming in, it's scary that we could lose that. I think it's holding on better than I would have expected, especially within the last two years of everything that happened.”
As Austinites eased back into downtown, the first stop Gartman made was to go see music again. Since venues opened back up, Gartman and her loved ones have seen live music at their favorite venues: Moody Amphitheatre, Mohawk, The Parish and Empire Control Room.
Blackillac opened for Gary Clark Jr. at the Moody Amphitheater's first show back in August. (Laura Figi/Austonia)
Entertainment is most important for Gartman’s life in Austin—seeing Gary Clark Jr. in August brought normalcy back into her routine—and said our local downtown is the ideal out of other cities in Texas.
“I've always noticed that between Houston’s downtown and Austin’s, Houston's is so Monday to Friday, eight to five, maybe a post-work happy hour,” Gartman said. “Growing up, downtown (Austin) was always the place to go. It has always been the hub and I think Austin is unique in that way.”
Traffic in downtown areas is way down overall, even though concern over pandemic safety has taken a backseat. Shopping traffic has decreased by 28%, dining out and entertainment attendance dropped by 33% in the post-pandemic sphere.
Even though her office is located downtown, Gartman usually works from home. Her downtown visits tend to be for the purpose of entertainment and she said the lack of parking sometimes becomes problematic.
“I feel like all these high rises are taking over all the parking,” Gartman said. “It used to be for go-to parking, I would just park under I-35. No big deal. But now, that’s kind of scary, especially if you're by yourself. The party parking is a barrier to actually making it down there.”
But with the rise of the hybrid work model, it’s likely that the downtown sphere is going to change all across the U.S. For now, survey participants said they would like to see their downtown reduce traffic, add more green space, improve the cityscape and increase parking capacity as we shape the future of cities.
3 Akins High School students caught with ammunition, magazines after report of armed person on campus
Akins Early College High School, 10701 S. 1st St., was on lockdown Wednesday morning as district police investigated a report of an "armed subject." The three students, which a witness said they saw with a weapon, have since been identified and located.
The lockdown took place just after 10 a.m., when someone reported three students in the restroom with a possible handgun. The three were then identified and located in different classrooms. One of the students had two magazines, one with ammunition. A weapon was not located by police.
The district deescalated the lockdown to a hold at 12:25 p.m., which meant students could go to the restroom and be picked up if parents chose to do so. No shots were fired and all students and staff were safe throughout the whole lockdown, according to police.
The three students will not be returning to school tomorrow. Austin ISD police said the students' punishment with the school or charges have not been identified since the investigation is in the early stages. Additional officers will be on campus this week to investigate.
"We take these events seriously and we prepare so that at the end of the day, everyone can go home safe," Austin ISD Police Chief Ashley Gonzalez said.
The Taylor Police Department is investigating an apparent murder-suicide that left four people dead on Tuesday.
Officers responded to a call at around 1 p.m. for a welfare check at 616 Symes St. in Taylor, Texas, where the Taylor Fire Department helped force entry into the home since it was locked, police said. Once inside, officers found four dead bodies: 57-year-old Anthony Davis, 45-year-old Araceli Lopez Davis, 20-year-old Cynthia Abundiz and 18-year-old Pedro Navarro.
Police believe the deaths to be a murder-suicide with Anthony Davis shooting the other three victims before himself. TPD is investigating with the help of the Williamson County Sheriff's Office and the Texas Rangers.
Later that day, another murder was reported in Taylor, which police say is unrelated.
Police responded to a shooting at 2100 Whistling Way around 4 p.m. Tuesday. They said a family member found 33-year-old Jonathan Hitch with a gunshot wound to his head. It is being investigated as a suspicious death.