08/20/2026
Texas has now moved delta-8, delta-10, THCP, and other manufactured THC compounds onto its Schedule I controlled substances list. The change took effect July 31, giving more than 14,000 registered h**p retailers only a few weeks to remove gummies, vapes, tinctures, and other affected products that had been openly sold since 2019.
The rule itself dates back to 2021, when the Texas Department of State Health Services adopted the definition. Enforcement was quickly blocked after Austin retailer Hometown Hero won an injunction in Travis County. That changed this year when the Texas Supreme Court reversed the injunction on May 1. The court issued its mandate June 5, and DSHS published notice in the Texas Register on July 10.
Texas lawmakers had also tried to address the issue through legislation. Senate Bill 3 would have banned h**p-derived THC products outright in 2025, but Governor Greg Abbott vetoed the bill and called for tighter regulation instead of a complete ban. Two special legislative sessions followed without a new bill being passed.
One major concern is how criminal penalties are calculated. Texas can use the total weight of the product, not just the amount of THC it contains. That means the full weight of a bag of gummies may be counted. Austin police have said possession of affected products may be prosecuted as a felony carrying 180 days to two years in jail.
Low-dose h**p-derived delta-9 THC edibles and beverages that comply with Texas law remain legal.
Sources: The Texas Tribune, K*T, NBC 5 Dallas-Fort Worth