Potent THC Products Can Be Outlawed in Texas, Justices Say (1)

May 1, 2026, 3:21 PM UTCUpdated: May 1, 2026, 4:27 PM UTC

Many potent consumable THC products in Texas are now outlawed, the state supreme court ruled Friday, accepting a state agency’s move from 2021 to add Delta-8 to its list of banned controlled substances.

By a unanimous vote, the justices ruled the Department of State Health Services properly enacted the ban that two lower courts said contradicted federal and state laws that loosened the definition of hemp. The ruling against THC vendors comes six months before federal ban on many hemp products is to take effect in November — a move that threatens the state’s billion dollar THC industry.

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