Delta-8 THC gummies (photo credit: FloraCBD).
Texas retailers will be required to stop selling delta-8 THC and several other hemp-derived intoxicating cannabinoids beginning Friday, July 31, following the reinstatement of state controlled-substance definitions that had been blocked for nearly five years.
The Texas Department of State Health Services (DSHS) published a notice July 10 restoring its previous definitions of “tetrahydrocannabinols” and “marihuana extract” under Schedule I of the Texas Schedules of Controlled Substances.
The definitions cover THC derivatives and isomers with chemical structures and pharmacological effects similar to compounds found in marijuana. The change is expected to prohibit commercial products containing delta-8 THC, delta-10 THC, THCP and similar cannabinoids, while maintaining an exemption for hemp containing no more than 0.3% delta-9 THC.
The Texas Hemp Business Council advised retailers to examine their inventories and remove or sell through affected products before the deadline. Products containing only the trace amounts of non-delta-9 cannabinoids that occur naturally in hemp are not expected to be targeted.
The policy dates back to 2021, when DSHS modified the state’s controlled-substance definitions to include non-delta-9 forms of THC. Hemp businesses challenged the action, and a Travis County judge issued a temporary injunction preventing the agency from enforcing the definitions.
The Texas Supreme Court reversed that injunction May 1, finding that DSHS had the authority to adopt the changes. The court issued its mandate June 5, formally dismissing the businesses’ claims and allowing the agency to restore the definitions.
Delta-8 occurs naturally in hemp in very small quantities, but products sold commercially are commonly made by converting hemp-derived CBD into concentrated delta-8 THC. Although chemically distinct from delta-9 THC, delta-8 can produce intoxicating effects.
The July 31 change does not legalize or otherwise alter the status of recreational marijuana in Texas. The state continues to prohibit marijuana for general adult use while allowing qualifying patients to access low-THC products through its Compassionate Use Program.
The restrictions are not the result of a newly approved bill. Instead, they reinstate definitions originally adopted by DSHS in 2021 after the court order blocking them was overturned.
