Delta-8 to vanish from Texas shelves on under new THC ban. Here's when
- The Texas Department of State Health Services (DSHS) will reclassify Delta-8 THC and several other hemp-derived THC isomers as controlled substances effective July 31, removing them from legal sale in Texas.
- This change follows the Texas Supreme Court lifting an injunction and dismissing a case challenging the enforcement of a 2021 rule concerning these substances.
- Products containing cannabinoids like Delta-8, Delta-10, Delta-6, and THCP now fall under new definitions of “Tetrahydrocannabinols” and “Marihuana Extract,” requiring businesses to sell through or remove such products by the deadline.
- While Delta-8 and THCA have effects similar to Delta-9 THC, the main intoxicating cannabis compound (which remains illegal in Texas), the state does allow low-THC cannabis use through its Compassionate Use Program.
The clock is ticking for various Delta-8 and THC products before they disappear from Texas shelves.
The Texas Department of State Health Services (DSHS) on Friday, July 31, will reclassify Delta-8 THC and several other hemp-derived THC isomers — that are not delta-9 THC — as controlled substances in the state.
This comes after the Texas Supreme Court lifted a yearslong injunction in May and dismissed the case in June that challenged the department's enforcement of the 2021 rule.
A July 10 public notice published in the Texas Register shows that DSHS adopted new definitions for “Tetrahydrocannabinols” (THC) and “Marihuana Extract,” with the change affecting products containing cannabinoids such as Delta-8, Delta-10, Delta-6, and THCP.
In a July 15 social media post, the Texas Hemp Business Council said businesses should evaluate their inventory and prepare to remove or sell through products containing more than trace amounts of the cannabinoids that fall within the reinstated definition before the July 31 effective date.
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.Brandi D. Addison covers weather across the nation as the Weather Connect reporter for the USA TODAY Network and contributes to Texas Connect coverage across the state. She can be reached at baddison@usatodayco.com. Follow her on Facebook here.