Though Texas is no stranger to strict cannabis laws, a new decision from the Texas Supreme Court has cracked down on a booming market of hemp-derived THC products made possible by the 2018 Farm Bill. In Texas, most of hemp-derived products sold at gas stations, smoke shops and vape stores were chemically converted from CBD, instead of naturally occurring in hemp plants. Now, manufactured cannabinoids such as delta-8, delta-10 and THCP are considered controlled substances under state law. Being caught with these substances could no result in a felony charge, leading to 180 days in jail, and at least $10,000 in fines. In comparison, possession of 2 ounces or less of cannabis is considered a Class B misdemeanor in Texas.
The decision to classify delta-8, delta-10, and other synthetic cannabinoids as controlled substances stems from a 2021 court case. After Texas legalized hemp in 2019, health officials in the state eventually moved to classify manufactured THC cannabinoids, like delta-8, as controlled substances. While this decision was initially blocked by the Travis County District Court, the Texas Supreme Court upheld the decision in May.
Under Texas law, hemp-derived delta-9 THC products containing no more than 0.3% delta-9 THC by dry weight remain legal, subject to state requirements. This has added a sense of confusion as to how the new law will be regulated.
According to local reporting from KVUE, police in Austin lack appropriate field-test kits that would allow officers to determine the legality of different marijuana products. Instead, if an officer does not have probable cause to make an arrest, the product is sent to a lab for testing. Labs are able to see if a product contains delta-8 or delta-9, but cannot determine the concentration, police told the outlet.
In response to the ruling, hemp retailers and advocacy groups sued Texas in hopes of blocking the ban. The emergency motion was rejected by a federal judge, and the ban will remain in effect.
