Texas delta-8 ban takes effect
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Texans can no longer buy delta-8 products in the state under new THC rules that went into effect Friday.
Why it matters: Texas' hemp businesses are experiencing one of the "most volatile regulatory stretches the state industry has ever experienced," the Texas Cannabis Policy Center says.
The big picture: Texas has tightened its smokeable hemp rules over the years, including banning the sale of vapes with any cannabinoids, limiting sales to people 21 and older and imposing higher licensing fees for businesses that want to sell the products.
Catch up quick: Delta-8 THC is a minor chemical variant of traditional cannabis' main psychoactive ingredient and provides lesser psychoactive effects.
- In 2021, the Texas Department of State Health Services added delta-8 to the state's list of controlled substances, effectively banning the sale of products containing the substance that is similar to the main psychoactive ingredient in marijuana.
- Legal opposition kept the ban in limbo for years. A Texas Supreme Court ruling cleared the way for DSHS to move forward with its ban on delta-8.
The latest: Delta-8 is now considered a controlled substance in Texas, along with all THC isomers except for delta-9. Businesses can no longer sell products with any amount of delta-8 or more than 0.3% of delta-9.
- Per state law, possession of a Schedule I controlled substance is a state jail felony punishable by jail time between 180 days and two years and a maximum fine of $10,000.
The other side: Cannabis experts tell the Texas Tribune the ban could remove more than half of the THC products from some store shelves.
- "It's a pretty big blow, and it's recriminalizing a lot of cannabis products that have been completely legal and allowable in the state for many years," Texas Cannabis Policy Center spokesperson Sarah Todd told the Tribune.
Zoom in: Dallas PD and Dallas ISD officers visited vape shops near schools in May to inform them about the changes, per Dallas police spokesperson Allison Hudson.
- "Our enforcement procedures will remain consistent with applicable state law, and officers will continue to address violations as they are encountered," Hudson tells Axios.