- Texas will ban several hemp-derived THC cannabis products, including those containing delta-8 and delta-10 THC variants, punishing people in possession of them with jail time and fines.
- Delta-9 THC, the most commonly sold THC product in Texas, will remain legal.
- The recent change stems from a Texas Supreme Court decision in May that allowed the Texas Department of State Health Services to reclassify all hemp-derived THC, except for low-dose delta-9 THC, as a schedule I drug, prohibiting its possession and sale in the state.
- The ban applies to all synthetically created THC forms, including delta-8, delta-10, THCP and THCA flower.
- The one exception will be delta-9 products with less than 0.3% THC by dry weight.
- Once THC variants are classified as a schedule I drug, possession of illegal THC products will be treated as a state jail felony, which carries a punishment of 180 days to two years in prison and fines of up to $10,000.
- Cannabis experts estimate the reclassification could take 60% to 90% of THC products out of circulation.
- If they are caught selling the banned substances, businesses could lose their consumable hemp licenses, face fines of up to $10,000 per violation, and be criminally charged with manufacturing or distributing a schedule I substance.
Texas will implement a ban on hemp-derived THC products, including delta-8 and delta-10, effective July 31. This decision follows a Texas Supreme Court ruling that reclassified these products as schedule I drugs, making their possession illegal.36
The ban will not affect delta-9 THC, which remains legal as long as it contains less than 0.3% THC by dry weight. Cannabis experts estimate that this reclassification could remove 60% to 90% of THC products from circulation. Possession of the banned substances will be treated as a state jail felony, carrying penalties of 180 days to two years in prison and fines up to $10,000.278
Businesses caught selling these banned products risk losing their consumable hemp licenses and facing criminal charges. Experts predict that the ban could significantly reshape Texas's hemp industry, removing more than half of THC products from some stores' shelves. The Texas Department of State Health Services is now tasked with enforcing this new regulation, which aims to curb the proliferation of synthetic THC variants.
As the state moves forward with this ban, consumers will still have access to legal delta-9 products, but the landscape of THC consumption in Texas is set to change dramatically.5
“The ban stems from a Texas Supreme Court decision allowing the reclassification of hemp-derived THC as a schedule I drug, which prohibits its possession and sale. Cannabis experts estimate that this reclassification could remove 60% to 90% of THC products from circulation, significantly impacting the state's hemp industry.”
ABC13 Houston
