Texas' ban on many hemp-derived THC products takes effect following a Texas Supreme Court ruling. This includes the prohibition of synthetic THC substances like delta-8, delta-10, THCP, and THCA flower, while delta-9 products with less than 0.3% THC remain legal. Violating the ban results in state jail felony charges, with potential penalties of 180 days to two years in prison and fines up to $10,000.

Trending

Texas’ ban on several consumable THC hemp products goes into effect Friday: What is legal and what is not?

Christian Terry, Digital Content Producer

Published: July 30, 2026 at 3:45 PM

THC products that Texas lawmakers are seeking to ban are seen at the Dope Daughters dispensary, Thursday, May 29, 2025, in Austin, Texas. (AP Photo/Eric Gay) (Eric Gay, Copyright 2025 The Associated Press. All rights reserved)

View comments

Several months after the Texas Supreme Court ruled that the Texas Department of State Health Services can reclassify the majority of hemp-derived THC as a schedule I drug, the state’s ban is set to go into effect on Friday.

The Texas Supreme Court’s May ruling ended a 2021 injunction which paused the state from enforcing the new classification.

What is banned?

The reclassification bans the sale and/or possession of all synthetically created THC, including delta-8, delta-10, THCP and THCA flower.

Texas Senate panel lays groundwork for renewed push to ban THC products

An exception to this ruling is delta-9 products with less than 0.3% THC by dry weight.

These products can come in the form of:

smokable products
CBD oil
gummies and edibles
topical lotions and cosmetic products
infused foods and drinks

What is the punishment for being in possession of such products?

Once the reclassification goes into effect, it will become a crime to possess or manufacture these types of synthetically made THC products.

It will become a state jail felony punishable of between 180 days to two years in prison and fines of up to $10,000.

The Texas Tribune contributed to this article

About the Author

Christian Terry

Christian Terry covered digital news in Tyler and Wichita Falls before returning to the Houston area where he grew up. He is passionate about weather and the outdoors and often spends his days off on the water fishing.