COLLEGE STATION, Texas (KBTX) – Starting Friday, several hemp-derived THC products will be pulled from shelves across Texas, including right here in the Brazos Valley. However, not everything is going away.
The Texas Department of State Health Services is reinstating controlled substance definitions first adopted in 2021 that classify synthetic THC compounds, including Delta-8, Delta-10, and THCP — as Schedule I controlled substances. That means they are illegal to buy, sell or possess in the state of Texas.
The change follows a Texas Supreme Court ruling in May that lifted a temporary injunction that had kept those products on shelves for nearly five years.
“Because of the Supreme Court opinion that just came down in May, we can expect to see vape shops all over the Brazos Valley pulling probably 50%, maybe 75% of their products off their shelves,” said Shane Phelps, KBTX legal advisor.
Not everything is going away. Delta-9 THC, the naturally occurring compound in hemp, remains legal, as long as products contain no more than 0.3% Delta-9 THC by dry weight. That means edibles, gummies, and drinks will still be available at local shops.
Hemp flower, most of which contains THCA, is currently in a legal gray area. A separate court battle over DSHS rules adopted in March has kept those products protected for now.
Stephen Gurka III, co-owner of Elevated, a hemp shop with three locations in the Bryan-College Station area, says his store is keeping THCA flower on shelves until they hear more from the state.
“In that notice, there’s not a mention of THCA. So that’s where the gray area kind of still falls into place,” Gurka said.
The consequences are serious. Possession of Delta-8 or any other newly banned synthetic THC compound is now a felony in Texas.
“Delta-8 is being sold over the counter at convenience stores and vape shops all over Texas, all over Brazos County. And as of tomorrow, it’s a felony to possess it. Get rid of it,” Phelps said.
For Gurka and his business partner Alex, this is not the first time they have had to adapt. Since opening Elevated in Bryan in January 2020, they have navigated court rulings, injunctions and ban after ban.
“It’s emotional because we have 15 employees. We have five stores going. We have three leases that we’re tied to by four or five years. Yes, financially, we need the business to keep going for those reasons. But it’s also, we feed families. People’s lives are better. They’re happier,” Gurka said.
Elevated says it is already stocking more Delta-9 and THCA-compliant products and is in the process of moving its online operation out of state, citing federal interstate commerce protections that would allow them to continue shipping products back to Texas customers.
“Just know, Alex and I are going to follow the rules to the T. If we can sell stuff here legally, we will,” Gurka said.
KBTX legal advisor Shane Phelps says this may not be the last major change for the hemp industry in Texas. With a new legislative session on the horizon, he expects another push to ban all THC products statewide.
“I expect that there will be legislation with a very good chance of passing and being signed by the governor that will outlaw all of these products,” Phelps said.
There are approximately 14,000 retail stores statewide licensed to sell consumable hemp, according to DSHS.
For a full list of which products are affected, visit the Texas Department of State Health Services website at dshs.texas.gov.
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