Many THC gummies, vape cartridges, drinks and other hemp-derived products are no longer legal on Texas store shelves after new state regulations took effect July 31.
The changes came after the Texas Supreme Court allowed the state to enforce a Texas Department of State Health Services rule that classifies many intoxicating hemp-derived cannabinoids, including Delta-8 THC and Delta-10 THC, as Schedule I controlled substances. Products containing those cannabinoids are now generally illegal to possess or sell in Texas.
Texas now prohibits most products containing intoxicating hemp-derived cannabinoids, including:
-Delta-8 THC
-Delta-10 THC
-THCA
-THCP
-HHC
Other synthetic or intoxicating THC isomers and derivatives
These products had been sold at smoke shops, CBD stores, gas stations and online before the rule took effect, according to authorities.
Not every hemp product is banned.
Products derived from hemp remain legal if they comply with state and federal law, including CBD products that do not contain prohibited cannabinoids.
Texas also continues to recognize hemp containing no more than 0.3% Delta-9 THC by dry weight as legal hemp. That threshold comes from the federal 2018 Farm Bill and Texas’ hemp law.
The penalties for possessing unlawful substances can be serious, with jail time and hefty fines.
Illegal THC products are generally prosecuted as Penalty Group 2 controlled substances under the Texas Controlled Substances Act. Unlike marijuana, the punishment is based on the total weight of the product, not simply the amount of THC inside it. That means the entire weight of a gummy, vape cartridge, edible or drink can be used when determining the charge, according to the Texas Health and Human Services.
Texans found in possession of an illegal THC product could face felony charges depending on the aggregate weight of the product, authorities say.
Possessing less than 1 gram is generally a state jail felony, while 1 to less than 4 grams is a third-degree felony. One gram is about 0.04 ounces, while 4 grams is about 1.4 ounces. Possession of 4 to less than 400 grams is a second-degree felony, and 400 grams or more is a first-degree felony. The penalties range from 180 days in a state jail and fines of up to $10,000 for lower-level offenses to life in prison and fines of up to $50,000 for the most serious cases, according to the Texas Health and Safety Code.
The changes do not affect Texans who legally receive low-THC cannabis through the state’s Compassionate Use Program. Qualified patients may continue obtaining products through licensed medical cannabis providers.