A statewide ban on certain smokeable hemp products is now in effect as of Friday, July 31. The Texas Department of State Health Services will reinstate controlled substance definitions that classify products containing cannabinoids such as delta-8 THC, delta-10 THC, THCP, and other intoxicating THC variants as Schedule I controlled substances. The reclassification effectively removes many of those products from the legal hemp market in Texas. The change follows a Texas Supreme Court ruling in May that lifted a temporary injunction blocking DSHS from enforcing definitions first adopted in 2021. The legal fight traces back to House Bill 1325, which legalized the production and sale of industrial hemp products containing no more than 0.3% delta-9 THC by dry weight. After the passage of the law, retailers began to sell more intoxicating hemp-derived products, including delta-8 THC, delta-10 THC, and other THC variants. Industry groups argued those products were legal because they were derived from federally compliant hemp; state regulators disagreed. In 2021, DSHS amended Texas’ Schedule I controlled substance definitions to clarify that many intoxicating THC compounds remained controlled substances despite originating from hemp. Hemp businesses challenged those definitions in court, winning a temporary injunction that kept the products on store shelves while the lawsuit moved forward. The Texas Supreme Court reversed that injunction in May, finding DSHS acted within its authority. Following the ruling, DSHS reinstated its 2021 definitions, including a broader definition of “tetrahydrocannabinols.” According to the Texas Register, the restored definition applies “to the extent that the definitions allow for the presence or addition of tetrahydrocannabinols aside from the presence of delta-9-tetrahydrocannabinol, including isomers and variants which may have pharmacological or psychoactive properties.” Rather than focusing solely on delta-8 THC, the restored definition reaches a broader range of intoxicating THC isomers and variants, affecting products marketed under several names that have become common in smoke shops and hemp retailers across Texas. The July 31 reclassification is only one part of DSHS regulations that are reshaping Texas’ hemp industry. Another set of rules changed how Texas measures THC in consumable hemp products. New rules for laboratory tests now measure the total amount of THC in a product, meaning if total THC exceeds the legal threshold after THCA is converted to delta-9 THC during testing, the products will now be non-compliant with state law. Because many hemp flower products are high in THCA, the change could make many smokable hemp products illegal. The new rules also require child-resistant packaging and higher licensing fees. We’re expecting lawmakers to consider more restrictions on hemp products containing THC in the next legislative session. ...read more read less