President Donald Trumphas delayed a federal crackdown on hemp-derived THC products, but Texas' ban on most hemp-derived THC products remains in effect.
Trump signed a federal spending bill Wednesday that pushes the effective date of new federal restrictions on hemp-derived THC products from Nov. 12 to Dec. 11, giving Congress more time to decide how the products should be regulated.
For Texans, that doesn't mean delta-8, delta-10 or other prohibited THC products are suddenly legal again. Texas' restrictions took effect July 31 after the Texas Supreme Court allowed the state to enforce a rule classifying most hemp-derived THC products as Schedule I controlled substances.
Texas judge denies emergency request to block THC ban
While the Trump administration has moved to delay the federal hemp crackdown,
a federal judge in Texas recently declined to temporarily block the state's restrictions on most hemp-derived THC products.
U.S. District Judge Jeffrey Brown of Galveston declined Sept. 6, to lift Texas' ban on most hemp-derived THC products, denying an emergency request from two hemp retailers and a distributor, court records show. The businesses argued that the restrictions violate federal protections for hemp and place an unconstitutional burden on interstate commerce.
Brown said the businesses had not sufficiently demonstrated irreparable harm. Their request for a preliminary injunction, which would allow for fuller briefing and an evidentiary hearing, remains pending.
Why did Texas ban most hemp-derived THC products?
The restrictions stem from a long-running dispute over how Texas law defines hemp-derived THC.
Texas lawmakers legalized hemp products containing no more than 0.3% delta-9 THC after the 2018 federal Farm Billremoved hemp from the federal definition of marijuana. That opened the door to products such as delta-8 THC, which can produce an intoxicating effect similar to delta-9 THC.
Texas regulators later argued that the law did not make concentrated or synthetically produced forms of THC legal simply because they were derived from hemp. The Texas Supreme Court agreed in May 2026, ruling that delta-8 THC is a controlled substance when it is present in more than the trace amounts naturally produced by a hemp plant.
The ruling allowed the Texas Department of State Health Services to reinstate its 2021 definitions of tetrahydrocannabinols and marihuana extract. Those changes took effect on July 31, putting most hemp-derived THC products containing more than trace amounts of THC back under Texas' controlled-substances laws.
The state says qualifying hemp products containing no more than 0.3% delta-9 THC by dry weight can still be sold, subject to Texas' other requirements.
What's banned?
Texas bans the possession and sale of most synthetically derived hemp THC products, including:
- Delta-8 THC
- Delta-10 THC
- THCP
- THCA flower
- Other synthetic hemp-derived THC variants
What's still legal?
Not all THC products disappear.
Products containing delta-9 THC remain legal as long as they contain no more than 0.3% THC by dry weight, the federal definition of hemp established under the 2018 Farm Bill.
That means Texans can still legally purchase qualifying:
- Delta-9 gummies and other edibles
- Delta-9 beverages
- Delta-9 tinctures
A separate statewide ban on smokable hemp products is still tied up in court, so qualifying delta-9 hemp flower remains available for now.
What are the penalties?
Possessing banned THC products could be prosecuted as a state jail felony, which carries penalties ranging from 180 days to two years in jail and fines of up to $10,000.
Businesses caught selling prohibited products could also face steep fines, lose their hemp licenses and face criminal charges.
What are delta-8 and THCa?
Delta-8 and THCa, or tetrahydrocannabinolic acid, are both products incredibly similar to the standard THC product that is illegal in Texas.
Both have a slightly different chemical structure from the standard delta-9, which is found in marijuana. The only difference between delta-8 and delta-9 is that the location of a double chemical bond occurs on the eighth carbon atom versus the ninth.
How to get a medical marijuana prescription in Texas
Texas allows medical use of low-THC cannabis through the state’s Compassionate Use Program. It is not a traditional “medical marijuana card” system, according to the state government website. Instead, qualified doctors enter prescriptions directly into a state registry.
Under the program, patients may be prescribed low-THC cannabis made from Cannabis sativa L. The product must contain no more than 0.5% THC by weight.
It cannot be smoked. It is limited to oral use, such as oils, tinctures, or capsules, as prescribed by a physician.
Brandi D. Addison covers weather across the nation as the Weather Connect reporter for the USA TODAY Network and contributes to Texas Connect coverage across the state. She can be reached at baddison@usatodayco.com. Follow her on Facebook here.
This article originally appeared on USA TODAY: President Trump delays federal hemp ban. What it means for Texas
