A Texas Department of State Health Services rule banning smokable hemp products took effect March 31, 2026, calculated on a total-THC basis that captures high-THCA flower regardless of its Delta-9 percentage. The rule is separate from — and layered on top of — an ongoing court fight over Delta-8's classification in the state.
Delta-8 THC was administratively classified as a Schedule I controlled substance by Texas health regulators, but a court injunction currently blocks enforcement of that classification while Texas Supreme Court Case No. 23-0887 proceeds, according to the Texas State Law Library. Separately, Texas Health & Safety Code Section 161.0876 banned vapes containing any cannabinoid effective September 2025.
The result is three distinct rules currently governing hemp products in Texas depending on format: ingestible Delta-8 remains available under the injunction, smokable flower does not, and vapes do not, regardless of cannabinoid. Our Texas hemp law deep dive breaks down all three rules in detail.
Sources: TribeTokes Texas coverage, Cannabis Inquirer state tracker.