New state rules limiting THC in consumable hemp products take effect Friday across Texas, following years of court battles that delayed enforcement.
The Texas Department of State Health Services is reinstating 2021 definitions that classify delta-8 THC, delta-10 THC, THCP and similar non-delta-9 isomers as controlled substances. Only naturally occurring trace amounts of those compounds in hemp plants remain exempt. Products containing more than those traces can no longer be sold legally.
Delta-9 THC products that stay at or below 0.3 percent by dry weight remain legal under existing state and federal hemp rules. That includes certain edibles, drinks and topicals that meet the limit. The change primarily removes many popular intoxicating hemp-derived products that had filled store shelves in recent years.
The rules stem from a May Texas Supreme Court decision that upheld DSHS authority and lifted a long-running injunction. The agency published notice of the reinstated definitions in the July 10 Texas Register, setting the July 31 effective date.
Retailers have been advised to clear noncompliant inventory. Industry groups warned that a large share of current product offerings would no longer be legal. Supporters of the tighter rules, including medical groups, have cited public health concerns, including poison control calls involving children who ingested high-potency products.
Possession of the newly restricted substances can now carry state jail felony penalties. Separate rules involving higher licensing fees and total-THC testing remain the subject of ongoing litigation.
LISTEN on the Audacy App
Tell your Smart Speaker to "PLAY 1080 KRLD"
Sign Up to receive our KRLD Insider Newsletter for more news
Follow us on Facebook | Twitter | Instagram | YouTube
