Starting July 31, Texas is reinstating its ban on delta-8 and other THC isomers that are not delta-9 THC.
What is included in the ban?
The ban reinstated 2021 definitions of “Tetrahydrocannabinols” and “Marihuana Extract” as controlled substances. Most products that are not delta-9 THC are included in the ban, such as delta-8, delta-10, delta-6, THCP and other cannabinoids.
What are people saying?
- Sen. Charles Perry: "I don’t know as a society how we can allow this stuff to perpetuate itself in the name of profit.”
Over the past few years, the legality of certain THC and hemp products has fluctuated in Texas. Texas' Republican majority has expressed support for a ban on such products, however, Gov. Abbott vetoed the bill last year that would have banned it, ordering state agencies to regulate the substances.
In 2018 and 2019, federal and state laws legalized hemp, which is defined as cannabis with .3% delta-9 THC or less on a dry weight basis, not specifying which form of THC is legalized.
In 2021, Texas officials adopted new definitions that allowed only delta-9 THC in the state. The definitions were challenged in the Texas Supreme Court and in 2026, they ruled against the hemp industry, reinstating the 2021 definitions.
Earlier this year, state officials banned THCA, which converts into delta-9 THC when heated up. The Texas Hemp Business Council is taking the ban to court, challenging the rules and in hopes to reverse the legislation.
"Businesses should evaluate their inventory and prepare to remove or sell through products containing more than trace amounts of delta-8, delta-10, delta-6, THCP, and other cannabinoids that fall within the reinstated definition before the July 31 effective date," the Texas Hemp Business Council wrote on Facebook.
The Council advised businesses to prepare for the ban, as recent legislation will stay in effect as the Council's lawsuit moves through the courts.
The newest ban will now take everything but delta-9 THC off the shelves, beginning July 31.
