Published July 19, 2026 · NormalizeGreen · Sources linked below
Effective July 31, 2026, the Texas Department of State Health Services’ reinstated schedule definitions of “Tetrahydrocannabinols” and “Marihuana Extract” take effect, classifying hemp-derived THC isomers other than delta-9 — including delta-8, delta-10, delta-6 and THCP — as Schedule I controlled substances in Texas. The definitions were published in the July 10, 2026 issue of the Texas Register.
The Texas Hemp Business Council is advising retailers to remove or sell through inventory containing more than trace amounts of these compounds before the effective date.
A court injunction blocks DSHS’s 2021 classification of delta-8 as a controlled substance. Delta-8 remains on sale in Texas for more than four years under that court protection.
The Texas Supreme Court rules in Sky Marketing Corp. v. DSHS that the injunction must be lifted. Justice Evan Young writes that the legislature “consciously, purposefully, and expressly” authorizes the DSHS commissioner to schedule controlled substances.
DSHS publishes the reinstated definitions in the Texas Register, restoring the 2021 classifications blocked since November 2021.
The definitions take effect. Non-delta-9 THC products become Schedule I controlled substances in Texas.
For context: smokable THCA flower was separately restricted by DSHS rules earlier this year and remains the subject of ongoing litigation, with a trial on the merits scheduled for late July in Travis County.
KERA News — Texas Supreme Court ruling, May 1, 2026
KUT — Court clears way for delta-8 scheduling
Texas Hemp Business Council — DSHS adds non-delta-9 THCs to controlled substances list, effective July 31
WFAA — New THC rules take effect July 31: what you need to know
KUT — Court protection for delta-8 sales set to expire