Texas’ ban on several consumable THC hemp products goes into effect Friday: What is legal and what is not?
Several months after the Texas Supreme Court ruled that the Texas Department of State Health Services can reclassify the majority of hemp-derived THC as a schedule I drug, the state’s ban is set to go into effect on Friday.
The Texas Supreme Court’s May ruling ended a 2021 injunction which paused the state from enforcing the new classification.
What is banned?
The reclassification bans the sale and/or possession of all synthetically created THC, including delta-8, delta-10, THCP and THCA flower.
An exception to this ruling is delta-9 products with less than 0.3% THC by dry weight.
These products can come in the form of:
-
smokable products
-
CBD oil
-
gummies and edibles
-
topical lotions and cosmetic products
-
infused foods and drinks
What is the punishment for being in possession of such products?
Once the reclassification goes into effect, it will become a crime to possess or manufacture these types of synthetically made THC products.
It will become a state jail felony punishable of between 180 days to two years in prison and fines of up to $10,000.
The Texas Tribune contributed to this article
Copyright 2026 by KPRC Click2Houston – All rights reserved.
