On July 31, 2026, the Texas Department of State Health Services reinstated controlled-substance definitions it first adopted back in 2021, classifying delta-8, delta-10, THCP, and most other non-delta-9 THC compounds as Schedule I controlled substances under state law. Possession can now be charged as a felony. The only hemp-derived cannabinoid product still legal on Texas shelves is delta-9 THC at or below 0.3 percent by dry weight, the same federal hemp threshold that’s existed since the 2018 Farm Bill.
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