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Beginning Friday, products containing cannabinoids such as delta-8 THC, delta-10 THC or THCP will be banned in Texas after a yearslong legal battle over state hemp regulations.<\/p>\n
Elias Valverde II\/Dallas Morning News<\/p>\n
AUSTIN \u2013 Some popular hemp-derived THC products will disappear from Texas store shelves under state regulations taking effect Friday.<\/p>\n
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The Texas Department of State Health Services said products containing delta-8, delta-10, THCP, along with THCA hemp flower, will be banned statewide.<\/p>\n
The Texas Hemp Business Council, a hemp industry group, warned retailers Monday not to sell products outlawed by the new regulations. More than 14,000 retail stores across Texas have a license to sell consumable hemp products.\u00a0<\/p>\n
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The restrictions stem from a yearslong legal battle that reached the Texas Supreme Court. They also come as state leaders continue to debate how tightly Texas should regulate hemp products.<\/a><\/p>\n How did we get here?\u00a0<\/p>\n Both delta-8 THC and delta-9 THC are intoxicating cannabinoids found in hemp products. Delta-9 THC is the primary intoxicating compound found in cannabis. Delta-8 occurs naturally only in trace amounts, but commercial products can contain much higher concentrations manufactured from hemp-derived CBD.<\/p>\n In 2019, Gov. Greg Abbott signed into law a bill legalizing the production and sale of products containing no more than 0.3% delta-9 THC by dry weight. The law also permitted the sale of consumable hemp products containing cannabidiol, or CBD, and other edible parts of the hemp plant.\u00a0<\/p>\n Products containing concentrated forms of delta-8, delta-10, delta-6 and THCP subsequently became popular, with businesses maintaining that the products were legal under the 2019 law.<\/p>\n Article continues below this ad<\/p>\n In 2021, the Department of State Health Services classified manufactured delta-8 and other forms of THC as Schedule I controlled substances. Hemp businesses sued and obtained a court order that prevented the state from enforcing the classifications while the case proceeded.<\/p>\n The Texas Supreme Court ruled May 1 that the state health commissioner had the authority to classify manufactured delta-8 as a controlled substance.<\/a> The decision overturned the injunction that had allowed the products to remain on the market. The agency republished the classifications July 10, setting Friday as the effective date.<\/p>\n What will be legal?\u00a0<\/p>\n Edibles, gummies and beverages that contain no more than 0.3% of delta-9 THC by dry weight can still be sold across the state.\u00a0<\/p>\n Any other product that contains more than trace amounts of delta-8, delta-10, delta-6 or THCP will be prohibited under the regulations.<\/p>\n Article continues below this ad<\/p>\n What\u2019s the legislative debate?<\/p>\n The restrictions are taking effect as some Republican lawmakers continue a push to ban all consumable THC products across the state.\u00a0<\/p>\n Last year, Abbott vetoed a bill that would have banned\u00a0the possession, sale and manufacture of consumable THC products, including delta-9.\u00a0<\/p>\n After lawmakers could not come to an agreement in two special sessions on how to rein in the billion-dollar THC market, the governor issued an executive order that limited the sale of THC products to adults aged 21 and older.\u00a0<\/a><\/p>\n Article continues below this ad<\/p>\n