Overview
- The Texas Department of State Health Services’ rule, allowed by a Texas Supreme Court decision, took effect on July 31 and lists most non–delta-9 hemp THC variants such as delta-8, delta-10, THCP and THCA flower as Schedule I controlled substances.
- Local police and prosecutors say possession and sale can carry felony penalties tied to weight, with the Austin Police Department detailing tiers from state jail felonies for under one gram to first‑degree felonies at 400 grams or more.
- A coalition of hemp manufacturers and retailers filed federal lawsuits and emergency motions this week seeking temporary restraining orders and expedited hearings, arguing the rule conflicts with the 2018 Farm Bill and violates constitutional protections for interstate commerce and due process.
- Retailers across Texas have pulled affected products from shelves, reported steep sales losses and empty displays, and owners warn some smoke and hemp shops may be forced to close as businesses scramble to comply and avoid prosecution.
- The state action comes as Congress faces a separate federal limit set to take effect Nov. 12 that would ban many hemp THC products, but Senate leaders have proposed delaying enforcement to Dec. 11 while bipartisan bills, including the Barr–Craig Lawful Hemp Protection Act, propose a federal regulatory alternative.