Texas Bans Most THC Variants While Low-Dose Delta-9 Remains Legal
Texas has sharply narrowed the list of hemp-derived THC products residents may legally buy or possess.
Beginning July 31, the state started enforcing a rule that classifies most intoxicating THC variants as Schedule I controlled substances. Products commonly sold at smoke shops, hemp stores, convenience stores and online retailers—including delta-8, delta-10, THCP and many products marketed as THCA flower—are now prohibited.
The main exception is delta-9 THC. Products containing no more than 0.3% delta-9 THC by dry weight may remain legal if they comply with Texas hemp regulations.
The change matters even for Texans who do not consider themselves marijuana users. Hemp-derived ingredients have increasingly been marketed as wellness products and can be found in creams, balms, oils, tinctures, gummies and drinks used for relaxation, sleep, soreness and general well-being.
People who routinely purchase these products may not realize that something they bought legally before July 31 could now contain a banned substance. Consumers should check anything containing THC, delta compounds or other hemp-derived cannabinoids before buying, using or carrying it.
In March, the San Antonio Observer reported that new state rules were expected to remove smokeable intoxicating hemp products—including hemp flower, THCA flower and pre-rolled joints—from store shelves while imposing stricter testing, packaging and labeling requirements. These rules largely focused on what licensed businesses could sell, while the latest classification can affect both the sale and personal possession of prohibited products.
What THC Products Are Banned?
The ban applies to most synthetically created or concentrated forms of THC, including:
- Delta-8 THC
- Delta-10 THC
- THCP
- Other intoxicating THC variants
- Many products marketed as THCA flower
In plain terms, a product is not automatically legal simply because it is labeled “hemp.” The type and amount of THC inside the product determine whether it is permitted.
THCA flower is one of the most confusing products affected by the change. THCA occurs naturally in cannabis but converts into intoxicating delta-9 THC when heated or smoked. Texans should not assume THCA flower is legal merely because the product contained less than 0.3% delta-9 before it was heated.
What THC Products Are Still Legal?
Qualifying delta-9 products may still be sold and possessed when they contain no more than 0.3% delta-9 THC by dry weight.
These may include:
- Delta-9 gummies
- Delta-9 drinks
- Delta-9 tinctures
- CBD products with legal amounts of delta-9
- Some compliant smokeable hemp products
The 0.3% limit is based on the product’s total dry weight, not simply the number of milligrams in one serving. That is why some gummies and beverages may still produce intoxicating effects while remaining within the legal percentage.
Consumers should check the product’s certificate of analysis, or COA, before buying or carrying it. The laboratory report should list the cannabinoids in the product and confirm that it does not contain prohibited substances such as delta-8, delta-10 or THCP.
A package that says “Farm Bill compliant” or “legal hemp” is not a guarantee by itself.
What Are the Penalties for Possession?
Possessing a newly prohibited THC product may lead to a state jail felony charge.
For the lowest felony weight category, the punishment may include:
- 180 days to two years in a state jail
- A fine of up to $10,000
That means a Texan could potentially face felony charges for possessing a product that was openly sold in stores before July 31.
“Now that we’re criminalizing these substances that have been federally legal for the past five or six years, we’re now creating a new pipeline for people to go to prison and spend millions of dollars within the legal system, and just further disenfranchise a lot of people,” said Joao Mitchell, manager of ATX Organics and legislative director of the Texas Cannabis Collective.
Businesses caught selling prohibited products may also face seizures, fines, loss of their consumable hemp licenses and possible criminal charges for manufacturing or distributing a Schedule I substance.
Why Did the Rules Change?
The dispute began in 2021, when the Texas Department of State Health Services classified delta-8 and similar forms of THC as controlled substances.
Hemp retailers sued, arguing that the state had exceeded its authority and contradicted Texas’ hemp law. A temporary injunction blocked enforcement for several years, allowing stores to continue selling delta-8, delta-10, THCA and related products.
The Texas Supreme Court later ruled that the state could enforce the classification. That decision cleared the way for the restrictions to take effect July 31.
Supporters of the ban argue that intoxicating hemp products are not adequately regulated and are too accessible to children.
“This is a major development for Texas families,” said Aubree Adams, director of Citizens for a Safe and Healthy Texas. “It’s about time. Texans need to know that this industry does not sell safe products.”
Industry advocates say the state is criminalizing products that businesses and consumers believed were legal under federal and state hemp laws.
“Recriminalizing cannabis products only empowers the illicit market and puts these licensed and regulated companies out of business,” said Heather Fazio Todd with the Texas Cannabis Policy Center.
Texas is also not acting in isolation. As a separate federal crackdown targeting intoxicating hemp-derived drinks, edibles and snacks beginning in November 2026. That national change grew from the same legal opening created by the 2018 Farm Bill, which allowed hemp products containing no more than 0.3% delta-9 THC by dry weight but did not initially account for the rapid growth of products containing alternative THC variants.
Federal Lawsuit Challenges the Ban
A new federal lawsuit was filed July 31 seeking to stop Texas from enforcing the restrictions.
The plaintiffs include hemp consumer and store manager Thomas Monti, manufacturer Lifted Liquids Inc. and Austin retailer The Happy Cactus Apothecary LLC. They argue that Texas’ classification conflicts with the federal 2018 Farm Bill, which legalized qualifying hemp nationwide.
The lawsuit raises federal constitutional and preemption arguments that were not decided by the Texas Supreme Court. It asks a federal court to remove the prohibited hemp-derived substances from Texas’ controlled-substances list.
However, filing a lawsuit does not automatically stop enforcement. Unless a federal judge blocks the rules, the July 31 restrictions remain in effect.
The Bottom Line for Texas Consumers
As of July 31, delta-8, delta-10, THCP and many THCA products are banned or likely illegal in Texas. Some delta-9 gummies, drinks, tinctures and smokeable hemp products may remain legal if they stay under the 0.3% limit and contain no prohibited cannabinoids.
Consumers should check the labels carefully, because products once sold legally could now lead to felony charges.
