On July 10, DSHS published a notice in the Texas Register reinstating their 2021 cannabinoid definitions. These definitions classify synthesized delta-8, delta-10, THCP, and other non-delta-9 THC isomers as Schedule I controlled substances. This follows a May Texas Supreme Court ruling that removed an injunction which had kept these definitions on hold for close to five years. The reinstatement takes effect July 31 and enforcement begins immediately.
This means hemp products containing any THCs in more than trace amounts or more than 0.3% delta-9 THC are now illegal and carry significant criminal penalties. Hemp products containing less than .3% delta-9 THC remain legal and regulated. This change does not impact the Compassionate Use Program.
Read more