08/02/2026
Be aware, don't get a felony! Texas banned a long list of THC products Friday.
Delta-8, delta-10, THCP and similar manufactured compounds are now Schedule I controlled substances. Possession is a state jail felony, punishable by 180 days to two years.
Still legal: delta-9 products at or under 0.3% by dry weight, sold only to buyers 21 and older. That covers most edibles, drinks and tinctures on the shelf.
Still illegal, and unchanged: ma*****na. The possession statute was not touched. Under two ounces is still a Class B misdemeanor.
Still a mess: smokable h**p flower, which is tangled in a separate lawsuit that has not been decided.
The change did not come from the Legislature. It came from a 2021 agency rule that Attorney General Ken Paxton office revived by winning an appeal at the Texas Supreme Court in May.