A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448.  The decision allows cannabis companies to continue selling delta-8 THC goods in Texas and establish a reputation for their brands.  In contrast, delta-9 THC remains federally illegal and banned from sale under the Controlled Substances Act.  Delta-8 THC and delta-9 THC are distinct cannabinoids (i.e., compounds) in the cannabis plant.  However, the legality of the delta-8 industry remains clouded in smoke.  This case, and its counterpart in Virginia, could have a significant impact on brand owners’ ability to establish rights in their cannabis-related trademarks.