Kushal Bastakoti owns Earth and Roots CBD and submitted a request for a special-use permit to open a store at 4209 Colleyville Blvd., Ste. B, according to the agenda briefing. A CBD store is only allowed in that specific commercial district with a special-use permit.
At the Nov. 8 Colleyville Planning and Zoning Commission meeting, the commission recommended denying the permit by a 7-0 vote, the briefing stated. Bastakoti appealed that decision Nov. 9.
Because of the commission’s recommendation for the Colleyville City Council to deny the permit, a supermajority—or three-fourths—of the City Council must vote in favor of the permit for it to be approved. The City Council will not vote on the permit until its next meeting Dec. 21.
However, during the discussion at the Dec. 7 meeting, many council members voiced concerns, especially with regards to selling delta-8. Delta-8 is one of the more than 100 cannabinoids produced by the cannabis plant, according to the Food and Drug Administration. It is a psychoactive substance but less potent than what people think of as traditional marijuana, which is delta-9.
CBD does not produce psychoactive effects and is legal as long as it has a THC concentration of less than 0.3%, according to the Texas Law Library.
Delta-8 was also legal in Texas, according to the National Law Review, until the Texas Department of State Health Services posted an online notice in October saying that Delta-8 is classified as a Schedule I controlled substance.
However, a CBD dispensary based in Austin filed suit against the DSHS, alleging it did not notify retailers appropriately, according to the National Law Review, and a judge granted a temporary injunction in early November. The injunction removes Delta-8 from Texas’ Schedule I drug list for now.
At the meeting, Bastakoti said the store will not sell any delta-8 products. However, he pointed out that delta-8 sales make up about 40% of the store’s revenue, so the Colleyville store would instead sell various merchandise to make up for the revenue lost.
If approved, the special-use permit for the CBD store would come with a laundry list of requirements, according to the ordinance. Earth and Roots CBD would not be allowed to sell any paraphernalia related to smoking or vaping; smoking would not be allowed inside or outside the building; a “no smoking” sign would have to be posted; no CBD products with over 0.3% THC could be sold; and no delta-8, delta-10 or THCO—artificial marijuana—could be sold.
Mayor Richard Newton said because of the confusing nature of the legality and changing laws around CBD and other hemp products, he is not planning to vote in favor of the permit.
“It's early in the game,” Newton said. “I don't understand it personally. I don't know where it's headed. I'm concerned about us allowing a store just to do that.”
