Texas Bans Delta-8, Other Hemp THC Products Starting Friday

AUSTIN, TX — New state rules reclassifying Delta-8 THC and other hemp-derived cannabinoids as controlled substances take effect Friday, requiring Texas businesses to pull those products from shelves. 

The Texas Department of State Health Services will treat Delta-8 THC and several other hemp-derived THC isomers that are not Delta-9 THC as controlled substances under the change. The agency adopted new definitions for “tetrahydrocannabinols” and “marijuana extract” that cover products containing cannabinoids such as Delta-8, Delta-10 and THCP. The definitions were published in a July 10 public notice in the Texas Register. 

Under the rules, anything other than Delta-9 will be considered a controlled substance. The regulations also set a 0.3% THC limit for consumable hemp products. 

The Texas Hemp Business Council said businesses cannot sell the affected products after July 31 and advised them to evaluate inventory and prepare to remove or sell through items containing more than trace amounts of the newly restricted cannabinoids. 

Delta-8 was first targeted for a ban in 2021. A Travis County judge blocked that effort, and the products remained legal for years until the Texas Supreme Court overturned the ruling this year. 

Some lawmakers want to go further. State Sen. Charles Perry, R-Lubbock, said he intends to file a bill in the next legislative session that would ban THC products outright.

“They know they are going to get laws passed against, and then they sue and tie it up for decades, so they can expand their addiction and trap more people in it, that’s their MO,” Perry said during a recent Senate committee hearing. The Texas Hemp Business Council said its fight is not over and plans to continue the battle in court. 

Marijuana remains illegal under both state and federal law in Texas, though the state allows limited medical use of low-THC cannabis through its Compassionate Use Program. Delta-8, a modified form of THC found in small amounts in hemp and typically converted from other cannabinoids, can produce intoxicating effects similar to Delta-9 THC but is not the same compound.