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Texas to Reclassify Delta-8 THC as a Controlled Substance Starting July 31

The Texas Department of State Health Services will reclassify Delta-8 THC and various other hemp-derived THC isomers as Schedule I controlled substances starting July 31. This move removes many intoxicating hemp products from the legal market, specifically those that are not Delta-9 THC, the primary psychoactive compound in cannabis. While Delta-9 THC remains legal in small amounts, the new regulations will treat manufactured Delta-8 as a state jail felony. For example, in Austin, possession of Delta-8 will carry a fine of up to $10,000 and a prison sentence of 180 days to 2 years. The change follows a Texas Supreme Court ruling in May that allowed the state to enforce these rules while lawsuits continue to proceed. Industry advocates, such as Lukas Gilkey, CEO of Hometown Hero, expressed concern that the state's strategy is to gradually reduce the hemp market. The administration announced that the new rules also include requirements for child-resistant packaging and higher licensing fees for retailers.

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