Texas will ban Delta-8 on July 31. Austin police say possession will be a felony - KUT

What the report says

KUT reports that Texas will again prohibit Delta-8 THC and a wider group of related cannabis compounds beginning July 31, after the Texas Department of State Health Services reissued rules that had been blocked since 2021. The change follows a May Texas Supreme Court decision overturning a temporary injunction that had allowed manufactured Delta-8 products to remain on the market while litigation continued.

According to KUT, Austin police said possession of Delta-8 will be handled as a state jail felony, punishable under state law by 180 days to two years in jail and a fine of up to $10,000. The station noted the contrast with small amounts of marijuana, which are generally treated as misdemeanors and often do not lead to arrest in Austin by themselves. Police did not tell KUT how officers would identify the type of THC in products such as gummies, whether arrests are planned, or when enforcement would start.

The dispute centers on how Delta-8 sold commercially is typically produced. KUT reports that while Delta-8 occurs naturally in cannabis in small quantities, most retail products are made by chemically converting CBD extracted from hemp. A lawsuit brought by Austin-based Hometown Hero and others had challenged the state’s treatment of manufactured Delta-8 as a controlled substance.

The ban does not apply to edibles or drinks made with legally compliant Delta-9 THC, the main psychoactive compound in cannabis. KUT reported that more than 14,000 Texas retailers are registered to sell hemp products, including 974 in Austin, underscoring the rule’s potential impact on smoke shops, convenience stores and other businesses.