By Marley Malenfant
Dallas Morning News
https://www.dallasnews.com/
Soon, Texas hemp consumers will face new limits on which THC products they can legally buy.
Beginning July 31, products containing cannabinoids such as delta-8 THC, delta-10 THC and THCP will be banned in Texas after a yearslong legal battle over state hemp regulations.
The change follows a May 1 ruling by the Texas Supreme Court that upheld the Texas Department of State Health Services’ authority to adopt 2021 definitions for “tetrahydrocannabinols” and “marihuana extract.” Those definitions were published in the July 10, 2026, issue of the Texas Register and will take effect July 31.
Here’s what led to the change — and what hemp products will remain legal in Texas.
What is the THC legal battle in Texas?
Texas hemp manufacturers and retailers argued that state health regulators exceeded their authority by adopting rules that effectively banned hemp products lawmakers never prohibited.
The lawsuit centered on whether state regulators could tighten hemp restrictions through agency rulemaking or whether those changes required action from the Texas Legislature. The hemp industry argued regulators overstepped their authority, while the state maintained the rules were authorized under existing law.
In 2019, Gov. Greg Abbott signed House Bill 1325, which legalized the production, manufacture, sale and inspection of industrial hemp products containing no more than 0.3% delta-9 THC by dry weight. The law also authorized consumable hemp products containing cannabidiol (CBD) and other edible parts of the hemp plant.
In the years that followed, products containing cannabinoids such as delta-8 THC, delta-10 THC and THCP became increasingly popular.
In 2021, however, Texas officials adopted new definitions recognizing only delta-9 THC while effectively excluding other intoxicating THC variants.
The hemp industry challenged those rules in court. In May 2026, the Texas Supreme Court ruled that the state had the authority to adopt the 2021 definitions, allowing them to take effect and effectively prohibiting other forms of THC under Texas’ controlled substances regulations.
What’s the difference between delta-8 and delta-9 THC?
Delta-8 THC and delta-9 THC are cannabinoids found in the cannabis plant.
Delta-9 THC is the primary psychoactive compound in cannabis and is responsible for the intoxicating effects commonly associated with marijuana.
Delta-8 THC also has psychoactive effects, though they are generally considered less potent. Under House Bill 1325, hemp products containing no more than 0.3% delta-9 THC became legal, leading many manufacturers to sell products containing other hemp-derived cannabinoids, including delta-8.
What hemp products will still be legal after July 31?
Beginning July 31, Texas consumers will largely be limited to ingestible and topical hemp products made with compliant delta-9 THC.
Edibles, gummies and beverages containing no more than 0.3% delta-9 THC by dry weight will remain legal.
Smokable hemp products, raw hemp flower and products containing cannabinoids such as delta-8 THC, delta-10 THC, THCA and THCP will generally be prohibited.
The Texas Hemp Business Council warned businesses on July 15 to prepare for the change.
“Businesses should evaluate their inventory and prepare to remove or sell through products containing more than trace amounts of delta-8, delta-10, delta-6, THCP, and other cannabinoids that fall within the reinstated definition before the July 31 effective date,” the council said.
Marley Malenfant
Trending Reporter
Marley Malenfant is a 10-year multimedia journalist who’s worked in print, digital, and broadcast. His prior work includes working in West Texas as a TV reporter for KTXS. During his time there, he covered education, sports, features, and breaking News. He’s skilled in front of the camera as well as behind it. He was a freelance writer, published in D Magazine, Dallas Morning News, SB Nation, Dallas Observer, and was a personality for “The Coach Brothers” sports radio show. Outside of journalism, he was an educator in the Dallas area. He was a 2012 Mayborn Literary Nonfiction Conference grant recipient. In 2021, he was part of the NABJ student multimedia project. He graduated with a paralegal degree from El Centro in 2023. Currently, he’s a trending news reporter for the Austin American-Statesman, covering breaking News, sports, music, and legal trends.
