Texas bans most hemp-derived THC products, keeping low-dose delta-9 legal

Following a Texas Supreme Court decision, the state will treat most hemp-derived THC forms—such as delta-8, delta-10, THCP and THCA flower—as Schedule I controlled substances starting July 31, imposing state-jail felonies and fines up to $10,000 for possession or distribution. The only THC product that stays legal is delta-9 THC at concentrations below 0.3% by dry weight, allowing continued sales of edibles, drinks, tinctures and, pending a separate court stay, smokable hemp.

Advocates say the move could wipe out 60-90% of THC inventory in Texas retailers, forcing closures and pushing consumers toward unregulated markets. Critics argue the ban responds to rising pediatric poisoning calls and aims to protect families, while industry leaders warn it will cripple the state's hemp sector. Some businesses are already shifting away from banned cannabinoids, but expect significant revenue losses.