HOUSTON – A new Texas court ruling is creating confusion for consumers, retailers and veterans who use hemp-derived THC products after the state moved to restrict products that were widely available in stores.
The changes have raised a major question for Texans: If you bought a THC product legally before, could you now face criminal consequences for having it?
Texas has now banned most hemp-derived THC products that can cause a high, including many Delta-8 products. Some non-intoxicating CBD products and certain low-dose Delta-9 products that meet the state’s THC limit remain legal.
The change has left smoke shops, wellness stores and consumers trying to understand what is allowed and what could create legal risk.
Veterans say they are losing an alternative they rely on
Veterans were among the strongest opponents of tighter restrictions on hemp-derived THC products.
Mitch Fuller with the Texas Veterans of Foreign Wars says many veterans use these products as an alternative to prescription medications for issues including pain and sleep.
“This is an essential key tool that works for veterans in the toolbox,” Fuller said. “Access to this is affordable, it’s accessible, and it’s effective.”
Fuller says losing access could push some veterans back toward medications they previously struggled with or toward unregulated products where consumers may not know what they are getting.
Prosecutors say cases will be reviewed individually
KPRC 2’s Joy Addison reached out to district attorneys across the Houston area to ask how they plan to handle enforcement under the new rules.
The Harris County District Attorney’s Office said it has not issued new guidance because of the change and will continue focusing limited resources on violent crime, organized crime and serious drug-related cases. The office also noted its marijuana diversion program remains in effect for eligible possession cases.
The Fort Bend County District Attorney’s Office said prosecutors will continue enforcing state law, but proving a controlled substance case requires accurate testing to determine what substance is present and in what concentration.
The Montgomery County District Attorney’s Office said prosecutors have been briefed on the changes and will review each case individually based on the facts, evidence and applicable law.
The office said it is not creating separate categories of cases based on when a product was purchased and that prior availability or a retailer selling a product does not necessarily determine whether it is legal today.
“If you choose to use these substances, you must take the time to understand the law that pertains to them in advance,” the Montgomery County District Attorney’s Office said. “The time to learn the law is before you encounter law enforcement and find yourself charged with a crime.”
Defense attorneys warn consumers may not realize the risk
Criminal defense attorney Cory Roth says the biggest issue for consumers is that the legal status of some products changed after many Texans had already purchased them.
“You can absolutely get arrested for a product that you bought legally when it was legal because now it is illegal,” Roth said.
Roth says the situation may create confusion because enforcement practices and prosecutorial decisions could vary across counties.
He also warns consumers to be cautious when transporting these products.
“The best thing is just to never drive or be in a vehicle with marijuana, CBD, or any of its derivatives because you’re asking for potentially some trouble,” Roth said.
What should consumers do now?
Roth says people who rely on hemp-derived THC products for medical reasons should talk with a healthcare provider about legal alternatives.
He also says clearer product labeling — including a possible state-approved stamp of approval — could help consumers understand what is legal and reduce confusion.
For retailers, prosecutors recommend reviewing current Texas law, staying informed about future court or legislative changes, and being cautious about relying only on information provided by wholesalers.
As the legal challenges continue, consumers, businesses and law enforcement agencies across Texas are waiting for more clarity on how the rules will be applied.
Full statements from Houston-area district attorneys
Fort Bend County District Attorney’s Office
“We will continue to enforce state law when we have the evidence to do so. Critical to proving a crime beyond a reasonable doubt regarding controlled substances is accurately defining what the substance is, and in what concentration. The complexity needed to meet that burden will require analytical drug testing beyond what occurs on the street. This is no different than the changes made with the original Hemp Farming Act of 2019 – law enforcement can still arrest based upon probable cause, and if a lab test indicates the presence of Delta-8 cannabinoids, or Delta-9 cannabinoids above the legal .03% threshold, we are able to proceed with prosecution. We remain available to law enforcement 24/7 to assist as needed.”
Montgomery County District Attorney’s Office
“The debate over THC products has generated strong opinions on all sides, and reasonable people can disagree about what Texas law should be. Our role as prosecutors, however, is not to decide what the law ought to be. Our responsibility is to fairly and faithfully enforce the law that the Legislature has enacted and the courts have upheld.
As with any change in the law, our office will review each case on its individual facts and exercise the discretion that prosecutors are expected to exercise in the pursuit of justice.
We are especially concerned about the public safety risks posed by impaired driving. Whether the impairment comes from alcohol, illegal drugs, or other intoxicating substances, drivers who get behind the wheel while impaired place innocent people at risk. Our commitment to protecting the public from impaired drivers remains unchanged, and we will continue to work closely with our law enforcement partners to hold those who endanger others accountable.
We encourage everyone to familiarize themselves with the current state of Texas law and make responsible choices. Our goal is not simply enforcement for its own sake, but the fair application of the law and the protection of the people of Montgomery County.
We’ve informed our prosecutors of the specific changes which became effective on July 31, 2026. Our general guidance has been consistent with the approach we take on every criminal case. When cases are submitted to our office, prosecutors review the facts, the evidence, and the law as it applies to the facts. Each case will be evaluated on its own individual facts, and prosecutors will exercise the discretion they are expected to exercise in the pursuit of justice.
We are not creating categories of cases based on when a product was purchased. Every case will be reviewed individually based on its facts. We will accept charges presented to us with sufficient probable cause, and then handle them accordingly.
We will accept charges presented to us by law enforcement where probable cause exists for the charge. From there, we will handle the case like any other: we will evaluate the strength of the case, the nature of the offense, and any mitigation or extenuation the defendant provides.
We will certainly take all the relevant facts into consideration. To be clear, however, these substances have been illegal since 2021. In 2021, a Travis County District Court judge placed an injunction on enforcement. The Texas Supreme Court has now reversed the injunction, and the prohibition, first implemented in 2021, is once again enforceable.
The prohibition first announced in 2021 is fully in effect, and consumers should take the time to understand what is currently legal in the State of Texas. A product’s prior availability or the fact that it was sold by a retailer does not necessarily determine its legal status today.
Retailers should carefully review the current law, stay informed about any future legislative or court developments, and seek legal advice if they have questions about compliance. Retailers who depend on representations made by wholesalers, particularly from other states, may find themselves in violation of Texas law.
Our role is not to decide what the law should be. Our responsibility is to fairly enforce the law that the Legislature has enacted and courts have upheld. If the courts or the Legislature change the law in the future, we will apply those changes as well.
If you choose to use these substances, you must take the time to understand the law that pertains to them in advance, particularly with respect to Delta-8 products, the possession of which is now a felony offense. The time to learn the law is before you encounter law enforcement and find yourself charged with a crime."
Harris County District Attorney’s Office
“No — we have not issued any new guidance as a result of the change that occurred last month.
We follow the law and as we do so we ensure that we focus limited enforcement resources on prosecuting the most violent offenders and serious drug-related crimes. This includes organized crime and drug-trafficking.
As we do so, we also run a very robust marijuana diversion program that continues to be in effect that covers marijuana possession cases.
Changes in state law have led to confusion among residents and law enforcement agencies and we continue to urge the state legislature to take action to clarify these laws."