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Some THC Products Now Illegal in Texas, Businesses Worried About Future

Most synthetic hemp THC products are now illegal, while delta-9 products with no more than 0.3% THC by dry weight remain legal, officials said.

  • On Friday, July 31, Texas enforced a ban on most synthetic hemp-derived THC products, including Delta-8, Delta-10, and THCA flower, classifying them as Schedule I controlled substances.
  • A Texas Supreme Court ruling lifted an injunction blocking enforcement, allowing the Texas Department of State Health Services to reinstate its 2021 classification after five years of legal retail sales.
  • Possessing banned substances can result in a state jail felony with penalties ranging from 180 days to two years in prison and fines up to $10,000; businesses caught selling face license revocation and criminal charges.
  • Retailers report widespread confusion regarding legal inventory; Dallas Robbins, owner of High Tides and Texas Hemp Business Council member, noted Delta-8 and Delta-10 products previously accounted for about 20% to 30% of business.
  • While state officials claim the ban protects children, industry advocates argue it cripples a $5.5 billion market, with some conservative critics alleging the policy serves a 'booze lobby' interest.
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CBS Austin broke the news in Austin, United States on Friday, July 31, 2026.
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