Beginning Friday, products containing cannabinoids such as delta-8 THC, delta-10 THC or THCP will be banned in Texas after a yearslong legal battle over state hemp regulations.
Elias Valverde II/Dallas Morning News
AUSTIN – Some popular hemp-derived THC products will disappear from Texas store shelves under state regulations taking effect Friday.
The Texas Department of State Health Services said products containing delta-8, delta-10, THCP, along with THCA hemp flower, will be banned statewide.
The Texas Hemp Business Council, a hemp industry group, warned retailers Monday not to sell products outlawed by the new regulations. More than 14,000 retail stores across Texas have a license to sell consumable hemp products.
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The restrictions stem from a yearslong legal battle that reached the Texas Supreme Court. They also come as state leaders continue to debate how tightly Texas should regulate hemp products.
How did we get here?
Both delta-8 THC and delta-9 THC are intoxicating cannabinoids found in hemp products. Delta-9 THC is the primary intoxicating compound found in cannabis. Delta-8 occurs naturally only in trace amounts, but commercial products can contain much higher concentrations manufactured from hemp-derived CBD.
In 2019, Gov. Greg Abbott signed into law a bill legalizing the production and sale of products containing no more than 0.3% delta-9 THC by dry weight. The law also permitted the sale of consumable hemp products containing cannabidiol, or CBD, and other edible parts of the hemp plant.
Products containing concentrated forms of delta-8, delta-10, delta-6 and THCP subsequently became popular, with businesses maintaining that the products were legal under the 2019 law.
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In 2021, the Department of State Health Services classified manufactured delta-8 and other forms of THC as Schedule I controlled substances. Hemp businesses sued and obtained a court order that prevented the state from enforcing the classifications while the case proceeded.
The Texas Supreme Court ruled May 1 that the state health commissioner had the authority to classify manufactured delta-8 as a controlled substance. The decision overturned the injunction that had allowed the products to remain on the market. The agency republished the classifications July 10, setting Friday as the effective date.
What will be legal?
Edibles, gummies and beverages that contain no more than 0.3% of delta-9 THC by dry weight can still be sold across the state.
Any other product that contains more than trace amounts of delta-8, delta-10, delta-6 or THCP will be prohibited under the regulations.
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What’s the legislative debate?
The restrictions are taking effect as some Republican lawmakers continue a push to ban all consumable THC products across the state.
Last year, Abbott vetoed a bill that would have banned the possession, sale and manufacture of consumable THC products, including delta-9.
After lawmakers could not come to an agreement in two special sessions on how to rein in the billion-dollar THC market, the governor issued an executive order that limited the sale of THC products to adults aged 21 and older.
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Lt. Gov. Dan Patrick, who continues to press for a ban on hemp-based THC products, asked senators to study the products’ effects on health care costs and mental health before next year’s legislative session.