Texans on July 31 saw a significant shift in what hemp-derived THC products they have legal access to, after the state implemented a ban on products containing delta-8 and delta-10 THC variants, while those containing delta-9 THC remain legal.
Individuals in possession of the nowbanned products could face jail time and fines.
This is the latest in a series of court actions that have ripped products off shelves, only to put them back up again shortly after.
The most recent change stems from a Texas Supreme Court decision in May that allowed the Texas Department of State Health Services (DSHS) to reclassify all hemp-derived THC, except for certain low-dose delta-9 THC, as a Schedule I drug, thereby prohibiting its possession and sale in the state.
That ruling ended a 2021 injunction that prevented DSHS from enforcing the new classification, which allowed stores to stock different kinds of THC for the past five years.
Cannabis experts now claim Friday’s ban could remove more than half of THC products from store shelves.
“It’s a pretty big blow, and it’s recriminalizing a lot of cannabis products that have been completely legal and allowable in the state for many years,” said a media representative at Texas Cannabis Policy Center.
According to sources, the ban currently applies to all synthetically created THC forms, including delta- 8, delta-10, THCP and THCA flower. Delta-9 products with less than 0.3% THC by dry weight have been deemed an exception from the ban, as the federal 2018 Farm Bill legally defines hemp as cannabis containing no more than 0.3% delta-9 THC, while it does not list other cannabinoids.
Despite the ban, consumers will still be able to buy intoxicating products with legal amounts of delta- 9, including delta- 9 edibles, drinks and tinctures. A statewide ban on the sale of smokeable hemp, including flower buds and rolled joints, was set to go into effect on March 31 before a court ruling paused it. Texas banned the sale of vape pens containing THC in the last legislative session.
Now that THC variants are classified as a Schedule I drug, possession of illegal THC products will be treated as a state jail felony, carrying with it a punishment of 180 days to two years in prison, along with fines of up to $10,000, claim cannabis experts.
“Now that we’re criminalizing these substances that have been federally legal for the past five or six years, we’re creating a new pipeline for people to go to prison and spend millions of dollars within the legal system, and just further disenfranchises a lot of people,” said Joao Mitchell, manager of ATX Organics and legislative director of Texas Cannabis Collective.
Some industry advocates fear that criminalizing THC products will only push consumers toward unregulated and more expensive options, empowering the illicit market and putting licensed and regulated companies out of business.
In anticipation of the ban, some businesses have already begun transitioning away from delta-8 and THCA. If businesses are caught selling banned substances, they could lose their consumable hemp licenses, face fines of up to $10,000 per violation, and be criminally charged with manufacturing or distributing a Schedule I substance.
According to the Department of State Health Services, there are 14,000 retail stores statewide licensed to sell consumable hemp.
Meanwhile, ban advocates have long pushed for the ban of all THC products, due to the believed harm they cause children. Data from the Texas Poison Center Network confirmed a sharp increase in cannabis-related poisoning calls starting a year after hemp-derived THC was legalized by the federal government. The data claims most calls involved suspected poisoning of children under the age of five and teenagers.
“This is a major development for Texas families,” said Aubree Adams, director of Citizens for a Safe and Healthy Texas. “It’s about time. Texans need to know that this industry does not sell safe products.”