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Starting July 31, 2026, Texas reinstated 2021 Department of State Health Services rules classifying delta-8 THC, delta-10 THC, THCP, and other non-delta-9 THC hemp-derived compounds as Schedule I controlled substances — this followed a Texas Supreme Court ruling in May 2026 that lifted a years-long court injunction that had been blocking enforcement of those rules. In practical terms, products containing those compounds (gummies, vapes, and other items long sold in smoke shops and gas stations) are no longer legal to sell, and law enforcement in at least some cities (Austin police, specifically) have said they'll treat possession as a state jail felony, carrying 180 days to 2 years in jail and up to a $10,000 fine — a significant jump from how these products were typically treated before. What's still legal: products containing only delta-9 THC (the main psychoactive compound in cannabis) at or under the federal 0.3% dry-weight threshold remain permitted, including delta-9 edibles and drinks — this ban specifically targets the other THC variants, not hemp-derived products generally. Separately, a broader ban on smokeable hemp flower that had been set for earlier in 2026 remains paused by a different court ruling, so smokeable delta-9 hemp is, for now, still available.
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