08/05/2026
Texas THC rules are changing again this year. Here’s a quick rundown of what went into effect recently.
As of July 31, 2026 Texas reinstated 2021 rules classifying delta-8, delta-10, THCP, and other
non-delta-9 THC isomers as Schedule One controlled substances.
This follows a Texas Supreme Court ruling in May that cleared the way for DSHS to bring these rules back after nearly 5 years on hold.
What stays legal: h**p products with 0.3% Delta-9 THC by dry weight or less.
What’s now illegal: products with non-delta-9 THC in more than trace amounts, or delta-9 THC
over 0.3%.
These updates may result in an increase in law enforcement activity against those believed to
be in possession of a product containing delta-8, delta-10, THCP, and other non-delta-9 THC.
✅ Keep products in original, labeled packaging
✅ Hold onto the Certificate of Analysis (COA)
✅ Buy from licensed retailers who can document the product’s origin.
None of this guarantees you avoid arrest, but it helps establish the product was sold as legal h**p.
📢❗🚨 Know the penalties.
MJ flower: possession of 2 oz or less is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
Penalties scale up from there by weight, becoming a felony over 4 oz.
THC concentrates, vapes, edibles, extracts (including the newly scheduled non-delta-9 isomers): a state jail felony at ANY amount, even under a gram. No weight-based misdemeanor tier exists here.
These new rules do NOT affect the Compassionate Use Program (TCUP).
