As of Friday, products containing cannabinoids such as delta-8 THC, delta-10 THC and THCP are banned in Texas after a years-long legal battle over state hemp regulations.
So what happens to Texans if they are found in possession of such products during a traffic stop? It’s largely contingent on the amount in their possession.
The Austin Police Department said those found in possession of less than a gram of delta-8 will face a state jail felony; those with one gram but less than four grams could face a third-degree felony; those with at least four grams but less than 400 grams will face a second-degree felony and those with 400 grams or more will face a first-degree felony.
When it comes to THCa, another cannabinoid, if a person is found in possession of it in plant form, they could potentially face charges consistent with Texas marijuana possession laws. If it is found in concentrated form or as an extract, it would be classified as a controlled substance.
The Travis County Sheriff’s Office told reporters that “search, seizure and arrest associated with illegal substances is up to the discretion of the deputy, who can seek guidance from a supervisor as needed.”
The office has test kits that allow deputies to determine if a substance contains more than 0.3 % THC, which is the legal amount that ingestible or topical hemp products made with delta-9 THC can contain.
The late July change follows a May 1 ruling by the Texas Supreme Court that upheld the Texas Department of State Health Services’ authority to adopt 2021 definitions for “tetrahydrocannabinols” and “marijuana extract.” Those definitions were published in the July issue of the Texas Register and took effect on Friday.