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New Texas THC Rules to Take Effect Friday
The change follows a Texas Supreme Court ruling and would remove many delta-8 and similar THC products from store shelves.
Starting Friday, the Texas Department of State Health Services will reinstate Schedule I status for products containing delta-8 THC, delta-10 THC, and THCP, removing these intoxicating variants from the legal hemp market.
Following a Texas Supreme Court ruling in May that lifted a temporary injunction, DSHS is proceeding with enforcement of 2021 definitions while related lawsuits continue.
State attorneys characterized THC-A as "marijuana in waiting" because it converts to intoxicating delta-9 THC when heated; new laboratory rules measure total THC content, rendering many products non-compliant.
Retailers face stricter requirements including child-resistant packaging and licensing fees that rose from about $250 to $10,000; industry advocates warned these regulations will force businesses to discard significant inventory.
During the legislative session beginning January 12, Republican State Sen. Charles Perry plans to file a bill prohibiting consumable hemp products containing THC, following a 2025 effort vetoed by Texas Gov. Greg Abbott.