DONNA, Texas (ValleyCentral) — The Department of State Health Services (DSHS) filed an appeal to a state judge, making Delta-8 illegal for now.

“Delta-8 is a viable product and it’s definitely a major source for my business so when they to take it off I chose not to,” said Ruben Meza, the owner of CBD dispensary Feel Rite in Donna.

The lead plaintiff is Hometown Hero, a hemp company based in Austin, that sued DSHS in October arguing the law to be unfair.

“Essentially what happened is the department of state health services held a meeting really without proper notice,” said Jax James, the executive director of TEXAS NORML, a Texas marijuana non-profit.

Meza said that the law is unclear, but said he noticed his customers started buying more.

“Were fearing that it was going to be out for a while so did, they did buy it in abundance,” said Meza.

Meza said he foresees the consumer’s demand will still exist even if it is illegal.

“Taking it off is just going to a black market,” said Meza.

The DSHS’s appeal will keep Delta-8 illegal for now, but the official law will be decided at the next trial on Nov. 15.

“You could reschedule it as much as you want to –quote-un-quote—on the website but until it is an actual law I am going to continue to have d-8 on the shelf,” said Meza.