After Governor Greg Abbott initially vetoed a proposed ban on low-dose THC products in the state, a Texas ban on hemp-derived THC variants went into effect July 31. As part of the ban, substances like Delta-8, Delta-10, and THCP are now illegal. The change has sparked a federal lawsuit from hemp retailers challenging the restriction.
Delta-9, which naturally occurs in cannabis and is not typically synthetically derived, will remain the only THC option for Texas consumers because the federal 2018 Farm Bill legally defines hemp as cannabis containing no more than 0.3% delta-9 THC and it does not list other cannabinoids, according to a Texas Tribune report.
The Tribune also reported that the ban follows a Texas Supreme Court decision that cleared the way for the state to enforce a 2021 Department of State Health Services rule classifying delta-8 THC and other synthetic hemp-derived THC variants as schedule I controlled substances.
Other schedule I substances include heroin, LSD, and MDMA. Criminal exposure for possession of a schedule I substance ranges from charges of a state jail felony to a firstdegree felony, depending on the weight of the item containing the drug.