Texas Delta-8, THC products ban: What to know
Texas is reclassifying Delta-8 and other hemp-derived THC products as controlled substances, banning inventory from being sold.
Texas state Rep. James Talarico said the state’s crackdown on certain THC products will benefit drug cartels by pushing consumers back to the black market.
Talarico, the Democratic nominee for U.S. Senate who will face Republican nominee and Texas Attorney General Ken Paxton in the November general election, resurfaced the argument in an X post on Sunday, Aug. 2.
The post came days after Texas began enforcing a ban on the sale and possession of most synthetically derived hemp THC products, including delta-8 THC. The ban followed a Texas Supreme Court decision that cleared the way for the state to enforce its restrictions on the products.
Possession of banned THC products can be prosecuted as a state jail felony.
“This bill is insane,” Talarico said in remarks originally made during a 2025 Texas House debate over Senate Bill 3. “Texans aren’t going to stop smoking weed and eating edibles because politicians in Austin say so. Texans will still use THC — but instead of getting it safely from a local small business, they’ll go back to getting it from the black market. From the drug cartels.”
“This ban is a gift to the cartels,” he added.
During the 2025 remarks, Talarico also urged his Republican colleagues to oppose the measure and referenced a previous statement from President Donald Trump.
“I want to leave you with a quote: ‘It is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.’ That wasn’t a Democrat. That was President Donald Trump,” Talarico said.
“Instead of fully funding our schools, guaranteeing healthcare, or making childcare more affordable — this Legislature is focused on banning a product that gives people a little peace,” he said.
USA TODAY reached out to Paxton’s campaign for comment on the THC restrictions but has not received a response.
Natassia Paloma may be reached at [email protected], @NatassiaPaloma on X, natassia_paloma on Instagram, and Natassia Paloma on Facebook.
