The popular cannabis extract known as Delta-8 is still illegal in Texas.
A state district judge in Austin last week denied a request for a temporary restraining order to block Texas health officials from listing the extract as an illegal drug.
Two companies that distribute Delta-8 to CBD retailers had asked for the TRO in the first legal challenge to the state's decision.
The judge's ruling stated that the plaintiff hadn't met the requirements of a temporary restraining order.
Another hearing is scheduled for November 5th.
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