Is delta-8 legal in Texas? Schedule I under the July 2026 DSHS notice

Short answer, as of October 8, 2026: no. Delta-8 THC is covered by the Schedule I definition that DSHS reinstated under Texas law. The Department of State Health Services published the notice on July 10, 2026 (51 TexReg 4597) after the Texas Supreme Court decided DSHS v. Sky Marketing on May 1, 2026 in the state's favour.

How Texas got here

1. 2021 — DSHS's Schedule I definition covered delta-8 products; a Travis County injunction kept sales going while the case was appealed.
2. May 1, 2026 — the Texas Supreme Court ruled the state could proceed with its scheduling rule.
3. July 10, 2026 — DSHS published the notice that reinstated the Schedule I listing. Delta-8 products are covered by that definition.

Federal timing is different from Texas timing

Many sites say delta-8 "ends November 12". The statute says otherwise: P.L. 119-103 §2019 keeps the federal change for converted cannabinoids — natural cannabinoids like delta-8 that are made from CBD outside the plant — until December 11, 2026. Only cannabinoids the plant cannot make at all (THC-O, for example) change on November 12. Read what changes on Nov 12 and Dec 11. None of this matters for a Texas retailer today: Texas law already bans delta-8.

If you sell in more than one state

Delta-8 is still sold lawfully through licensed channels in some states (Tennessee's licensed channel, for example) and is banned in others. Pick Delta-8 & converted cannabinoids on the map to see each state's lamp, statute and check date.

General information from public sources — not legal advice. Checked October 8, 2026.