Texas Bans Smokeable Delta THC Products After Court Ruling

The Government of Texas will ban the sale of smokeable products containing THCP and delta cannabinoids—including Delta-6, Delta-8, Delta-9, and Delta-10—effective July 31. The restriction follows a Supreme Court of Texas ruling that enabled long-delayed regulations to take effect, impacting a multi-billion dollar industry with over 9,100 licensed hemp stores. While smokeables are targeted, some topicals, edibles, and lower-potency products may remain legal.

This regulatory shift follows the 2018 U.S. Farm Bill and House Bill 1325, which legalized hemp containing less than 0.3% delta-9 THC but failed to address other psychoactive variants. Simultaneously, state lawmakers are pursuing a more comprehensive ban during the 90th Legislative Session. State Senator Charles Perry is leading this effort, arguing that previous attempts at regulation failed and that an outright ban is the only way to combat addiction and financial strain.

Opponents, including hemp business owners, argue that the ban will destroy livelihoods and drive consumers and tax revenue to neighboring New Mexico. Dispensaries in Sunland Park, New Mexico, have already reported a high volume of Texas customers. Law enforcement officials testified during Senate hearings that the current lack of oversight allows chemically modified cannabinoids to be mislabeled and sold illegally, while the Texas Alcoholic Beverage Commission remains too overextended to provide adequate regulation.