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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Fourteen students and one teacher are dead after a shooting at Robb Elementary School in Uvalde, Texas—a small town an hour and a half west of San Antonio—on Tuesday afternoon.
Abbott said the suspect, an 18-year-old male, is believed to have been killed by the police. The Uvalde Police Department said the shooting began at 11:43 a.m. Tuesday.
“What happened in Uvalde is a horrific tragedy that cannot be tolerated in the state of Texas,” Abbott said. “He shot and killed—horrifically, incomprehensibly—14 students, and killed a teacher.”
Texans are grieving for the victims of this senseless crime & for the community of Uvalde.
Cecilia & I mourn this horrific loss & urge all Texans to come together.
I've instructed @TxDPS & Texas Rangers to work with local law enforcement to fully investigate this crime. pic.twitter.com/Yjwi8tDT1v
— Greg Abbott (@GregAbbott_TX) May 24, 2022
According to University Health Hospital officials, a 66-year-old woman and 10-year-old girl arrived in critical condition. Uvalde Memorial Hospital reportedly received 13 children for treatment and two individuals who were already deceased.
The shooter prompted a lockdown at the elementary school of just under 600 students, with San Antonio Police sending SWAT, and Eagle chopper and Crime Scene Investigators.
According to White House press secretary Karine Jean-Pierre, President Joe Biden has been briefed on the tragedy and “His prayers are with the families impacted by this awful event, and he will speak this evening when he arrives back at the White House.”
This is the U.S.'s 213th mass shooting of 2022.
“Especially here in Austin, there's a really, really high interest in electric vehicles and keeping that zero-emissions goal in mind,” said Rachel Reid, a spokesperson for General Motors. "And then just like anywhere in Texas, trucks are something that people use in their daily lives for things from carrying different furniture or anything from a job site or even just having the family in the backseat and being able to carry something along with them.”
Pickups play a major role in Texas culture, so much that the Texas Standard notes auto companies sometimes approach their marketing strategy by the regions of North, East, West and Texas. So, here’s a look at the pickup options in the coming years if you’re looking to go electric.
Production site and release schedule
The Silverado is being made at the company’s first fully dedicated EV assembly plant in Detroit, Michigan. Known as Factory ZERO, it’s named as such to reflect the company’s vision of a world with zero crashes, emissions or congestion.
The Cybertruck, meanwhile, will be produced at Giga Texas. At the recent opening of the factory in southeast Travis County, CEO Elon Musk addressed delays on the truck and said it would be out in 2023.
Orders are closed for the 2022 F-150 Lightning, but 2023 versions are just around the corner. They are being produced at Ford's EV center within their Rouge Complex in Dearborn, Michigan
The Silverado has an estimated MSRP starting at $39,900 with a reservation cost of $100. Depending on which feature options are added, the truck could end up costing around $80,000.
The Cybertruck also requires a reservation cost of $100 and a final price varies by the number of electric motors. So the price ranges from $39,900 for a single motor and $69,900 for a tri motor.
This year’s F-150s ranged in price from $39,974 to $90,874.
You’ll have to be at the wheel and alert no matter which car you choose since no vehicle is fully autonomous.
Chevrolet has compatible roads that drivers can use their driver-assisted technology, known as Super Cruise which includes adaptive cruise control, lane centering and hands-free operation with an attentive driver.
The Cybertruck order site doesn’t appear to have many details on what its tech will include, but Tesla has previously made plans to launch a new self-driving computer with the pickup.
The more expensive Lightning models have Blue Cruise available, which is Ford’s hands-free driving system that can be used on prequalified sections of divided highways. It includes a driver-facing camera to ensure the driver has their eyes on the road and Ford has said there’s potential for future enhancements.
Charging time and range
If you’re looking to take some road trips outside of Austin, then this is one of the critical factors you’ll consider while EV shopping.
The Chevy is estimated to reach 400 miles of range. With a 10 minute charge on a fast charger, it’ll be able to get about 100 miles of range.
It will vary by battery pack, but the Environmental Protection Agency shows the Lightning as capable of traveling between 230 and 320 mile range.
It’s yet to be realized, but Tesla is currently boasting the highest of the three with up to 500 miles of range on its Cybertruck.
Screens and storage
Of course, there are things you can do to keep busy while charging.
Generally, Tesla screens can display navigation, apps and a media player where you can access the radio and streaming services.
When it comes to loading up the vehicle, the Cybertruck flexes enough storage in the back for a motorcycle that you can transport up with a ramp.
The Silverado has a screen above the wheel that functions as a traditional dashboard and another larger screen. Chevy also replaced the space up front where an internal combustion engine would be with a “frunk.”
The Lightning also has a frunk, with Insider listing it as one of the reasons it’s perfect for road trips.
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