Texas Implements THC Product Ban: What Remains Legal?

WHO:

Click2Houston - Texas Department of State Health Services (DSHS)

The Texas Tribune - Sarah Todd, media representative at Texas Cannabis Policy Center

The Texas Tribune - Joao Mitchell, manager of ATX Organics and legislative director of Texas Cannabis Collective

The Texas Tribune - Aubree Adams, director of Citizens for a Safe and Healthy Texas

The Texas Tribune - Cynthia Cabrera, chief strategy officer at Hometown Hero

The Texas Tribune - Mark Bordas, executive director of Texas Hemp Business Council

The Texas Tribune - AJ Vazquez, owner of Dooby’s Smoking Depot

WHAT:

Click2Houston - Texas is banning the sale and possession of several hemp-derived THC products, including delta-8, delta-10, THCP, and THCA flower.

Click2Houston - Delta-9 products with less than 0.3% THC by dry weight will remain legal.

The Texas Tribune - Possession or manufacture of banned THC products will be classified as a state jail felony, punishable by 180 days to two years in prison and fines of up to $10,000.

The Texas Tribune - The ban could remove more than half of the THC products from some stores' shelves.

The Texas Tribune - Cannabis experts estimate that the reclassification could take 60% to 90% of THC products out of circulation.

WHERE:

Click2Houston - Austin, Texas

The Texas Tribune - Texas

WHEN:

Click2Houston - The ban is set to go into effect on a future Friday.

The Texas Tribune - The Texas Supreme Court's ruling occurred in May.

WHY:

Click2Houston - The ban follows a Texas Supreme Court ruling that allows DSHS to reclassify hemp-derived THC as a schedule I drug.

The Texas Tribune - Concerns over the safety of THC products, particularly regarding children, have motivated the ban.

The Texas Tribune - Data from the Texas Poison Center Network shows a sharp increase in cannabis-related poisoning calls since 2019.

HOW:

The Texas Tribune - The reclassification of THC products as schedule I controlled substances will be enforced by DSHS following the Supreme Court's decision.

(UPDATED July 31, 2026 13:34 UTC)

Texas is set to ban the sale and possession of several hemp-derived THC products, including delta-8 and delta-10, following a Texas Supreme Court ruling that allows the Department of State Health Services to reclassify these substances as schedule I drugs. This ban, which could remove more than half of THC products from store shelves, will classify the possession or manufacture of the banned items as a state jail felony, with potential penalties of 180 days to two years in prison and fines up to $10,000. The new regulations are expected to take effect on a future Friday, driven by concerns over the safety of THC products, especially for children, as data shows a significant rise in cannabis-related poisoning calls since 2019.