DSHS will reclassify several hemp‑derived THC isomers — including Delta‑8, Delta‑10 and THCP — as controlled substances effective July 31, forcing Texas retailers to remove or sell through affected inventory. The change, published in the Texas Register on July 10 and highlighted by the Texas Hemp Business Council on July 27, broadens the state's definitions of THC and marihuana extract. Texas still permits limited medical use of low‑THC cannabis under the Compassionate Use Program. Delta‑8 can be intoxicating after conversion and THCA converts to Delta‑9 THC when heated.
Texas Reclassifies Delta‑8 and Other Hemp‑Derived THC Isomers — Stores Must Remove Products By July 31
AUSTIN, TEXAS - NOVEMBER 21: THC edibles are displayed on shelves at the Austin Smoke & Gift Shop on November 21, 2025 in Austin, Texas. Federal lawmakers have approved a provision that will eradicate hemp products containing more than 0.4 milligrams of THC in the state of Texas. (Photo by Brandon Bell/Getty Images)
Texas retailers must stop selling a range of Delta‑8 and other hemp‑derived THC products beginning July 31 after the Texas Department of State Health Services (DSHS) reclassified several non‑delta‑9 THC isomers as controlled substances.
What Changed
In a rule change published in the Texas Register on July 10, DSHS updated the definitions of "Tetrahydrocannabinols" (THC) and "Marihuana Extract." The revised definitions explicitly include several hemp‑derived isomers — such as Delta‑8, Delta‑10, THCP and other non‑delta‑9 cannabinoids — bringing those products under the state's controlled‑substance framework.
Retailer Guidance And Deadline
On July 27, the Texas Hemp Business Council advised members and retailers that sales of affected products must cease after July 31. Businesses were urged to audit inventory and either remove or sell through any items that contain more than trace amounts of the now‑covered cannabinoids before the deadline.
How This Relates To Federal Law
Federal law (the 2018 Farm Bill) legalizes hemp and many hemp products that contain no more than 0.3% delta‑9 THC by dry weight, but state law controls what may be sold and possessed within a state. The DSHS reclassification governs sales and possession in Texas regardless of federal hemp provisions.
Why These Products Are Regulated
Delta‑8 is present in hemp in very small amounts and is often manufactured by converting other cannabinoids into the Delta‑8 isomer. It can produce intoxicating, psychoactive effects similar to Delta‑9 THC, though it is a distinct compound.
THCA is commonly sold as raw hemp flower and is non‑intoxicating in its acid form. When heated through smoking, vaping or cooking (a process called decarboxylation), THCA converts to Delta‑9 THC and produces the same psychoactive effects as cannabis.
What Consumers And Businesses Should Know
Retailers, manufacturers and consumers in Texas will need to act quickly to comply with the rule change. Those unsure how the change affects specific products should consult legal counsel or state guidance. The state continues to allow limited medical use of low‑THC cannabis under Texas' Compassionate Use Program for qualifying patients.
Reported by Mateo Rosiles for USA TODAY and regional Texas papers.
A man smokes a joint during a demonstration demanding the legalization ofmarijuana, at Paulista Avenue, in Sao Paulo, Brazil, on June 14, 2025.(NELSON ALMEIDA, AFP via Getty Images)
People take part in a demonstration demanding the legalization of marijuana, at Paulista Avenue, in Sao Paulo, Brazil, on June 14, 2025.(NELSON ALMEIDA, AFP via Getty Images)
A person smokes marijuana during a 420 celebration at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A person smokes marijuana during a 420 celebration at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A Marijuana plant is displayed as a person smokes marijuana during a 420 celebration at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A person smokes marijuana during a 420 celebration at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A person smokes marijuana during a 420 celebration at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A man poses for a photo during a demonstration to celebrate 4/20, the informal cannabis holiday in Hyde Park, London, on April 20, 2022.(TOM NICHOLSON, REUTERS)
A person smokes as marijuana enthusiasts take part in the informal annual cannabis holiday, 4/20, corresponding to the numerical figure widely recognized within the cannabis subculture as a symbol for all things related to marijuana, in Mexico City, Mexico, April 20, 2023.(QUETZALLI NICTE-HA, REUTERS)
People dressed in costumes depicting cannabis leaves gather with marijuana activists to mark the annual world cannabis day and to protest for legalization of marijuana, in front of the Brandenburg Gate, in Berlin, Germany, April 20, 2022.(LISI NIESNER, REUTERS)
A cloud of smoke rises over people smoking while rapper Lil Jon performs during the Mile High 420 Festival in Denver, Colo., on April 20, 2022, known by some as 'Weed Day'. Tens of thousands of cannabis enthusiasts gathered in Denver on April 20 to celebrate the ever-widening US legalization of recreational weed with plumes of pungent smoke, music... and a few grumblings about commercialization. April 20 has become the national holiday for the herb in the United States, as the date corresponds with the "420" slang name for marijuana.(PATRICK T. FALLON, AFP via Getty Images)
An activist hands out free marijuana cigarettes to people after they show proof of a Covid-19 vaccination at Union Square on April 20, 2021 in New York City. The event, which attracted hundreds, was held in honor of “4/20” and the efforts to get more New Yorkers vaccinated. Called “Joints For Jabs," the afternoon event was organized by marijuana advocates and longtime AIDS activist group ACT UP NY. New York City had recently made the smoking of marijuana legal.(Spencer Platt, Getty Images)
A person takes part in the informal annual cannabis holiday, 4/20, corresponding to the numerical figure widely recognized within the cannabis subculture as a symbol for all things related to marijuana, in Mexico City, Mexico, April 20, 2023.(QUETZALLI NICTE-HA, REUTERS)
A man holds an oversized joint during the Mile High 420 Festival in Denver, Colo. on April 20, 2022.(PATRICK T. FALLON, AFP via Getty Images)
A man holding an inflatable joint poses for a picture during a demonstration to mark the informal cannabis holiday in Hyde Park, London, Britain, April 20, 2022.(TOM NICHOLSON, REUTERS)
Cookies shaped like marijuana leafs are pictured at the Cannabis Carnivalus 4/20 event in Seattle, Wash. April 20, 2014. Thousands of marijuana enthusiasts gathered in Colorado and Washington state over the weekend for an annual celebration of cannabis culture with rallies, concerts and trade shows in the first two states to legalize recreational marijuana.(JASON REDMOND, REUTERS)
Fancy Fairchild, right, waves a flag during a rally to legalize marijuana at the Governor’s Mansion on Wednesday April 20, 2022. A few dozen activists gathered at 4:20 p.m. on 4/20 to bring attention to cause.(Jay Janner, Austin American-Statesman via USA TODAY NETWORK)
A man wearing a Grinch costume pretending to smoke a joint takes part in the International Marijuana Day celebration at Paseo de la Reforma avenue in Mexico City on April 20, 2023.(PEDRO PARDO, AFP via Getty Images)
People roll a blunt during the informal annual cannabis holiday in Denver on April 20, 2023.(KEVIN MOHATT, REUTERS)
A man smokes marijuana in a papaya during a 4/20 rally to commemorate the World Cannabis Day in Bogota on April 20, 2022.(RAUL ARBOLEDA, AFP via Getty Images)
Regina Dotson shows off her marijuana-themed earrings, necklace and sunglasses at the Magnolia cannabis lounge in Oakland, Calif. on April 20, 2018 during the first '4/20' since the sale of recreational marijuana became legal in the state.(ELIJAH NOUVELAGE, REUTERS)
Smoke rises during the annual 4/20 marijuana rally on Parliament Hill in Ottawa, Canada on April 20, 2018.(CHRIS WATTIE, REUTERS)
A woman smokes during a demonstration to mark the informal cannabis holiday in Hyde Park, London, April 20, 2022.(TOM NICHOLSON, REUTERS)
A woman participates in a gathering along with marijuana activists to mark the annual world cannabis day and to protest for legalization of marijuana, in front of the Brandenburg Gate, in Berlin, Germany, April 20, 2022.(LISI NIESNER, REUTERS)
A Marijuana enthusiast takes part in the informal annual cannabis holiday, 4/20, in Mexico City, Mexico on April 20, 2023.(QUETZALLI NICTE-HA, REUTERS)
People celebrate 420 at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
A person prepares a marijuana cigarette during 420 celebrations at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
People celebrate 420 at Washington Square Park in New York City on April 20, 2024. April 20 is an unofficial international counterculture celebration of cannabis.(LEONARDO MUNOZ, AFP via Getty Images)
Help us improve.
