San Antonio police say they will treat possession of Delta-8, other THC products as a felony starting Friday

Delta-8 THC Gummies with Cannabidiol are among the products to be banned in Texas starting Friday. Credit: Elsa Olofsson for CBD Oracle

The San Antonio Police Department will treat the possession of some synthetic cannabinoid products as a felony starting Friday, July 31, when they become illegal statewide, according to a statement SAPD provided to the Current.

“The San Antonio Police Department will follow Texas law and will enforce the reclassification of Delta-8, Delta-10 and other hemp-derived cannabinoids as Scheduled I controlled substances,” Sgt. Ariel Hernandez told the Current via email.

Even so, Delta-9 THC, one of the Texas’ most commonly sold THC products, will remain legal.

Texas Health and Human Services reinstated “Tetrahydrocannabinols and Marihuana Extract” to its list of Schedule I controlled substances with a notice on July 3 after an opinion delivered by the Supreme Court of Texas on May 1.

The reinstated regulations ban most consumable hemp products, including edibles, gummies and drinks as well as topical products and smokable products such as hemp flower and pre-rolled joints.

Retailers who continue selling permitted hemp products will also face significantly higher registration fees, KLTV reports. The annual sales fee per location rises from $150 to $5,000. The annual manufacturing fee increases from $250 to $10,000.

Synthetic products must be pulled from shelves for the time being to comply with the reinstated classification, Texas officials say. This is separate from a proposed ban that failed during the previous session of the Texas Legislature.

For those convicted of drug possession, the penalty depends on the amount of the controlled substance involved.

Penalties for THC products are as follows:

Under 1 gram: 180 days to two years in jail and a fine of up to $10,000

Up to 4 grams: Third-degree felony, up to 10 years in prison and a fine of up to $10,000

Up to 400 grams: Up to 20 years in prison and a fine of up to $10,000

More than 400 grams: Up to a life sentence and a fine of up to $50,000

Schedule I substances carry the highest penalty of any penalty group and include drugs such as meth, cocaine, LSD, peyote, psilocybin, heroin and MDMA.

Possession of drugs in this penalty group carries a sentence ranging from six months to life in prison. All Group I drugs carry a maximum fine of $100,000 except for LSD and other hallucinogens. Those drugs carry a maximum fine of $250,000.

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