AUSTIN (KXAN) — A statewide ban on certain hemp-derived THC products is now in effect for Texas.

Starting July 31, the state narrowed what kind of products can be sold.

The new law means that people won’t be able to buy delta-8 THC products or delta-10 THC products anymore.

Many businesses like Happy Cactus in South Austin spent the days leading up to July 31 clearing out shelves to make sure they would comply with the new law when it became active.

“This shelf used to hold our delta-8 THC gummies. That was our house brand product, and that is now illegal here in Texas,” said Todd Harris, owner of ‘The Happy Cactus’ in Austin.

Harris said he had to remove about $15,000 worth of products to make sure he wasn’t breaking the law.

The move has also put a financial strain on many businesses.

“We have had to let go of some staff because of it,” said Harris. “We have had to pivot and move other compliant products in, and it is really hard to navigate as a business owner or as a consumer in Texas as well.”

The ban applies to what the state describes as synthetically created THC forms, including delta-8, delta-10, THCP and THCA flower.

 State of Texas: Smokable hemp ban takes effect, businesses work to adapt 

The exception is delta-9 products, which Harris still carries.

“All of our delta-9 products, which is most of our products in our shop right now, will still be available,” said Harris. “So everyone that still loves our delta-9 edibles, drinks, topicals, we even have all the CBD products available.”

With the law just going into effect, attorney Will Hale, with Gergen, Hale & Campbell Law Firm, said it will be a wait and see approach to see how police enforce the law.

“There is going to be a lot of uncertainty from this,” said Hale. “It will first have to filter through the law enforcement. The arrests will have to come from the police department. What they choose to do will have a big impact on how the court systems are affected.”

Harris said he’s all for rules and regulations in the industry, but he believes this move is not a good one.

“All the consumers who were fully legally buying these products could incur criminal charges from this new law,” said Harris.

Businesses that make, sell, or distribute authorized consumable hemp products in Texas must register or obtain a license from the Texas Department of State Health & Human Services to operate.

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