On Friday Texas retailers were required by law to remove many popular hemp-derived THC products from their shelves, following a Texas Supreme Court decision that cleared the way for the state to enforce restrictions first announced in 2021.
The change applies to Delta-8 THC and other THC isomers, including Delta-10 and THCP, that are commonly manufactured by chemically converting cannabidiol, or CBD. The Texas Department of State Health Services now classifies those substances as Schedule I controlled substances. Only trace amounts of Delta-8 that occur naturally in the hemp plant are permitted.
The action does not prohibit every intoxicating hemp product. Edibles, beverages and tinctures containing Delta-9 THC can remain legal if the product contains no more than 0.3% Delta-9 THC by dry weight, the standard established by federal and Texas hemp laws. State officials say products labeled as containing Delta-8 — or testing above naturally occurring trace levels — may be detained and referred to law enforcement.
The restrictions stem from litigation brought by hemp businesses after DSHS revised the state controlled-substances schedule in 2021. A lower-court injunction blocked enforcement for nearly five years. In May, the Texas Supreme Court overturned that injunction, allowing the agency’s classification to take effect.
Public health advocates support the change, pointing to increased poison-control calls involving cannabis products and concerns about intoxicating products being marketed in packaging attractive to children. Texas already prohibits hemp sales to customers younger than 21 and requires government-issued identification.
Hemp-industry representatives counter that the reclassification could eliminate a large share of store inventories, force some businesses to close and push consumers toward an illegal, unregulated market. They also argue that retailers were operating under the rules allowed during the litigation.
Violations may expose sellers to license penalties, fines and possible controlled-substance charges. Possession of prohibited THC products can also carry serious criminal consequences.
The July 31 change is separate from other contested hemp regulations, including rules governing THCA, testing and smokable hemp. Delta-9 products that comply with current limits remain legal, while cannabinoid vape sales are already prohibited in Texas.
Guests:
Daniel Mehler is a San Antonio-based attorney at Mehler Cannabis Law.
Cynthia Cabrera is the president of the Texas Hemp Business Council.
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