How is delta 9 flower legal in Houston?

A new dispensary opened that sells raw weed flower of different strains. When I called and asked if the flower was hemp sprayed with delta-8 distillate, the guy on the phone told me nope, that it was delta-9 flower imported from Colorado.

It's was only later that I wondered how this was legal since I thought only delta-8 was legal, but by that the shop was closed so I couldn't call.

I'm gonna call again tomorrow and ask but I wanted to post this here now to see if anyone had information.