Overview
- State health agency rules reinstated this week took effect Friday, July 31, 2026, and classify many hemp-derived THC isomers such as delta-8, delta-10 and THCP as controlled substances.
- Local police and county deputies are using field THC test kits and discretionary search powers to enforce the rules, and Austin Police set weight-based thresholds that trigger felony charges.
- Retailers across Texas pulled affected products from shelves over the weekend, leaving empty displays and prompting some shop owners to warn that closures are possible.
- The Texas Hemp Business Council and other industry groups filed a federal lawsuit asking a judge for a temporary restraining order, arguing the agency rules conflict with federal law and will cause irreparable harm to businesses.
- The change rests on a May 1 Texas Supreme Court decision that upheld the health agency’s authority to adopt the 2021 definitions, while delta-9 hemp products that contain 0.3% THC or less by dry weight remain legal and THCa is treated differently when it appears as plant material versus concentrated extract.