Skip to main content

Texas’ ban on several consumable THC hemp products goes into effect Friday: What is legal and what is not?

THC products that Texas lawmakers are seeking to ban are seen at the Dope Daughters dispensary, Thursday, May 29, 2025, in Austin, Texas. (AP Photo/Eric Gay) (Eric Gay, Copyright 2025 The Associated Press. All rights reserved)

Several months after the Texas Supreme Court ruled that the Texas Department of State Health Services can reclassify the majority of hemp-derived THC as a schedule I drug, the state’s ban is set to go into effect on Friday.

The Texas Supreme Court’s May ruling ended a 2021 injunction which paused the state from enforcing the new classification.

Recommended Videos


What is banned?

The reclassification bans the sale and/or possession of all synthetically created THC, including delta-8, delta-10, THCP and THCA flower.

An exception to this ruling is delta-9 products with less than 0.3% THC by dry weight.

These products can come in the form of:

  • smokable products
  • CBD oil
  • gummies and edibles
  • topical lotions and cosmetic products
  • infused foods and drinks

What is the punishment for being in possession of such products?

Once the reclassification goes into effect, it will become a crime to possess or manufacture these types of synthetically made THC products.

It will become a state jail felony punishable of between 180 days to two years in prison and fines of up to $10,000.

The Texas Tribune contributed to this article