Delta-8, THC products come off Texas shelves Friday under new state ban
- Starting July 31, Texas will classify Delta-8 THC and several other hemp-derived THC isomers as controlled substances, making their sale illegal in the state.
- The Texas Department of State Health Services updated definitions for "Tetrahydrocannabinols" and "Marihuana Extract," impacting products containing cannabinoids like Delta-8, Delta-10, Delta-, and THCP.
- Businesses have been advised to evaluate and remove inventory containing these cannabinoids before the deadline, as such products can no longer be sold legally in Texas.
- While delta-8 and THCA flower can produce effects similar to delta-9 THC, only low-THC cannabis is allowed under Texas' Compassionate Use Program; delta-8 and other forms producing intoxication remain illegal.
The deadline for various Delta-8 and THC products is here, as the products will be leaving shelves in Texas on Friday.
Starting July 31, the Texas Department of State Health Services (DSHS) is set to reclassify Delta-8 THC and several other hemp-derived THC isomers — that are not delta-9 THC — as controlled substances in the state.
DSHS adopted new definitions for “Tetrahydrocannabinols” (THC) and “Marihuana Extract,” with the change affecting products containing cannabinoids such as Delta-8, Delta-10, Delta-, and THCP, which was published in a July 10 public notice in the Texas Register.
In a July 27 social media post, the Texas Hemp Business Council said businesses cannot sell these products after July 31 and advised them to evaluate their inventory and prepare to remove or sell through products containing more than trace amounts of cannabinoids that fall within the reinstated definition.
Short answer: no under state and federal law.
However, Texas does allow medical use of low-THC cannabis through the state’s Compassionate Use Program.
Products like delta-8 and THCA flower can create effects strikingly similar to those of delta-9 THC — the main intoxicating compound in cannabis, often called weed — which is illegal in Texas.
The key difference is how they’re made and how they behave.
Delta-8 is a modified form of THC found in small amounts in hemp and usually converted from other cannabinoids. It can produce intoxicating or psychoactive effects, but it is not the same compound as Delta-9 THC.
THCA is sold as raw hemp flower and isn’t intoxicating on its own.
But when it’s heated — like by smoking or vaping — it turns into delta-9 THC, the same compound found in cannabis.
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas. Got a news tip for him? Email him at mrosiles@usatodayco.com.