Greg Abbott

Delta-8 THC Products Illegal in Texas, Updated Health Department Website Says

Many Texas residents and licensed sellers of CBD products were unaware of delta-8′s illegal status, which could result in felony charges for anyone in possession of the products


The Texas Department of State Health Services updated its website Friday with the clarification that delta-8 THC products — which many thought were legal under the 2018 federal Farm Bill — are still considered a controlled substance in Texas.

A notice on the Consumable Hemp Program page now reads: “All other forms of THC, including Delta 8 in any concentration and Delta 9 exceeding 0.3%, are considered Schedule I controlled substances.”

House Bill 1325, which Gov. Greg Abbott signed in 2019, legalized hemp products under 0.3% tetrahydrocannabinol (THC).

A day before the change, The Dallas Morning News published a story about the product many thought was legal in Texas, or at least in a “gray area,” Kim Augsburger, who owns CBD American Shaman in College Station, told local station KBTX-TV.

Click here to read more on this report from our partners at The Dallas Morning News.

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