Texas THC Laws July 31: Are THC Gummies Still Legal?

TEXAS -- Beginning July 31, Texas is set to "resume enforcement" of restrictions on Delta-8 THC and several other hemp-derived cannabinoids after a court decision allowed the state's rules to move forward. The Texas Department of State Health Services and a July 10 announcement from the Texas Secretary of State provide additional details about the upcoming enforcement.

But in case you were concerned, it turns out that doesn't necessarily mean every THC gummy or beverage is suddenly illegal. Hemp-derived Delta-9 THC products containing no more than 0.3% Delta-9 THC by dry weight are generally treated differently, which is why so many Texans have been left wondering what they can and can't buy.

If you've been scratching your head over the latest Texas THC headlines, you're not alone. Many Texans assumed recent headlines meant every THC product would disappear from store shelves. That's not exactly what's happening.

What's changing with Texas THC laws on July 31?

The latest change primarily affects Delta-8 THC and several other hemp-derived THC variants, including Delta-10 and THCP. Those are the products many Texas retailers are expected to remove from their shelves, so prepare accordingly. We called and confirmed with the friendly and knowledgeable staff at Smoke Stop near Fresh by Brookshire's in Tyler.

Why are some Delta-9 THC gummies still legal in Texas?

Hemp-derived Delta-9 THC products containing no more than 0.3% Delta-9 THC by dry weight are generally treated differently under current state and federal hemp laws.

Here's where the confusion comes in: a gummy or beverage can contain 5 or even 10 milligrams of Delta-9 THC and still comply with the law because the legal limit is based on the percentage of THC by weight, not simply the number of milligrams.

How can Texans tell which THC products are legal?

The easiest way to know what you're looking at is to read the label. Look for wording like "hemp-derived" and "contains less than 0.3% Delta-9 THC by weight."

If a product contains Delta-8, Delta-10, THCP, or similar intoxicating hemp-derived cannabinoids, it's generally among the products many Texas retailers have already begun removing from their shelves ahead of the July 31 enforcement date, so it's worth checking whether it's still available for sale under current Texas regulations.

As with any law, regulations can change, so it's always worth checking current guidelines before you decide to make that purchase.

Why are Texans confused about the new THC rules?

The bottom line, as far as we can tell? Not every product labeled "THC" is treated the same under Texas law, which is exactly why so many people have been confused by the recent headlines.

What do you think about the upcoming changes? Were you surprised to learn that not all THC products are treated the same under Texas law? Share your thoughts and experiences with us at tara.holley@townsquaremedia.com.