Short version: On July 31, 2026, Texas moved intoxicating hemp cannabinoids other than delta-9 THC onto the state's Schedule I controlled substances list. Hemp products containing no more than 0.3% delta-9 THC by dry weight remain legal for adults 21 and over. Gummies, beverages, and tinctures that meet that standard are still available. THCa was not scheduled, but a separate DSHS testing rule now folds THCa into the delta-9 calculation, which takes high-THCa flower outside the definition of legal hemp. We have paused sales of THCa flower, pre-rolls, and concentrates while that rule is under appeal.
What Actually Changed
The Texas Department of State Health Services has held since 2021 that intoxicating hemp cannabinoids other than delta-9 THC are controlled substances. That position sat unenforced for five years because a 2021 lawsuit won an injunction against it.
In May 2026 the Texas Supreme Court dissolved that injunction. DSHS published the reclassification in the Texas Register on July 10, 2026, and enforcement began July 31, 2026.
The cannabinoids named in the reclassification are delta-8 THC, delta-10 THC, delta-6 THC, and THCP. THCa was not scheduled. THCa is off the Texas market for a different reason, covered below.
Cannabinoid by Cannabinoid
The word "THC" is doing too much work in most coverage of this. Texas now treats these very differently, so it is worth being precise.
Hemp-derived delta-9 THC: still legal
A hemp product with no more than 0.3% delta-9 THC by dry weight remains legal to sell and possess in Texas for adults 21 and over. This is the federal 2018 Farm Bill standard, and Texas kept it. Most gummies, seltzers, sodas, and tinctures on the market are built to this standard.
One point that gets muddled: delta-9 THC made by converting CBD is still delta-9 THC. It is the same molecule the plant produces, and the legal test is the 0.3% dry-weight threshold, not how the molecule got there. "Synthetic" is the framing used in a lot of the reporting, but the operative question under the rule is which cannabinoid it is and how much of it is present.
Delta-8, delta-10, delta-6, THCP: Schedule I
These are now controlled substances in Texas. Austin police have said they will treat possession as a state jail felony, which carries 180 days to two years and a fine of up to $10,000. Penalties vary by substance and amount.
What the reclassification covers is products made with or sold for these cannabinoids. Hemp contains delta-8 and other minor cannabinoids at trace levels as a matter of plant chemistry, never in commercially meaningful quantities, and Texas still defines legal hemp by the 0.3% delta-9 THC dry-weight limit. The reclassification does not set a separate numeric limit for minor cannabinoids, so we are not going to tell you how DSHS will treat trace levels. If that question matters to your situation, talk to a licensed Texas attorney.
We do not currently sell delta-8, delta-10, delta-6, or THCP products.
THCa: not scheduled, but off the market
THCa is the acidic precursor to THC. Raw hemp flower is high in THCa and low in delta-9 THC, which is why THCa flower could meet the 0.3% delta-9 standard as tested. Heating it converts THCa into delta-9 THC.
THCa is not a controlled substance in Texas. It was not part of the July 31 reclassification. What takes THCa flower off the market is a testing rule, not a drug schedule.
DSHS rules effective March 31, 2026 changed how the 0.3% limit is measured, folding THCa into the calculation as total THC, delta-9 plus 0.877 times THCa. Essentially no high-THCa flower passes that math, so flower that used to qualify as hemp no longer does.
Those rules were challenged immediately. A Travis County court issued a temporary restraining order on April 10, 2026 and a temporary injunction on May 1. The Fifteenth Court of Appeals lifted that injunction on June 5, 2026, and declined to reconsider on June 26, so the March 31 rules are in force today. The Texas Hemp Business Council's appeal is pending (Case No. 15-26-00099-CV), with its response brief filed August 14, 2026.
We think the industry's argument is a serious one. We also are not going to sell flower that the state's current testing standard says is not hemp while that appeal is undecided. Our THCa flower, pre-rolls, and concentrate listings remain visible for reference, but they are out of stock and cannot be ordered.
CBD, CBG, and CBN: unaffected
Non-intoxicating cannabinoids are not part of this. CBD tinctures, topicals, softgels, and CBD-dominant gummies are unchanged.
Where the Litigation Stands
Two separate cases are running, and they are often confused in press coverage.
The state case, over the March 31 testing rules. The Texas Hemp Business Council and others filed in Travis County on April 7, 2026 (Cause No. D-1-GN-26-002511). They won a restraining order on April 10 and a temporary injunction on May 1. The Fifteenth Court of Appeals lifted the injunction on June 5, 2026 and denied reconsideration on June 26, which is why the total THC calculation applies today. The appeal is pending as Case No. 15-26-00099-CV.
The federal case, over the July 31 scheduling. Three hemp businesses sued DSHS and the Texas Attorney General on July 31, 2026, arguing among other things that the ban interferes with interstate commerce. On August 9, 2026, U.S. District Judge Jeffrey Brown denied their emergency request for a temporary restraining order, finding they had not sufficiently shown irreparable harm. That was an emergency ruling, not a decision on the merits, and a preliminary injunction request is still pending.
Either case could change the picture. This post reflects where things stand today.
What This Means If You Buy Hemp in Texas
- Check the cannabinoid, not the marketing. "THC gummies" from a compliant brand are hemp delta-9 and are legal. A product labeled delta-8 is not.
- Know what a real COA looks like. A compliant Certificate of Analysis is batch-specific, comes from an ISO/IEC 17025-accredited lab, is less than two years old, and reports more than potency: it shows delta-9 THC at or under 0.3% by dry weight plus safety panels for pesticides and microbials, and for processed products heavy metals and residual solvents. A potency-only summary is not a full COA.
- Old stock is not grandfathered. Product bought legally before July 31 is still a controlled substance to possess now if it is delta-8, delta-10, delta-6, or THCP. THCa is not a controlled substance, so possession is a different question from the sale-side testing rule described above.
- Hemp THC still shows on a drug test. Legal status and test results are separate questions. If you are subject to testing, hemp delta-9 products are not safe for you.
What We Are Still Delivering
Same-day delivery in Austin and Lubbock, plus nationwide shipping where state law allows, on the categories that meet the 0.3% delta-9 standard:
Every product we carry is third-party lab tested. Check our Lab Results page for the COA on anything before you buy.
Last updated: August 25, 2026. Texas hemp law is moving quickly and this post reflects our understanding as of that date. The DSHS reclassification took effect July 31, 2026 and remains in force; the March 31 testing rules are in force under a lifted injunction and are on appeal; a preliminary injunction request is pending in federal court. This post is general information, not legal advice. Consult a licensed Texas attorney about your own situation. Adults 21 and over only.
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