lookup
Is it legal here, on this date?
Texas · Delta-8 & converted cannabinoids · on Oct 10, 2026
Banned
- In short
- DSHS reinstated the 2021 Schedule I definitions in a notice published in the Texas Register on Jul 10, 2026: THCs in cannabis (other than 0.3% delta-9 in hemp) plus synthetic equivalents, derivatives and isomers are Schedule I. The Texas Supreme Court upheld DSHS's authority in DSHS v. Sky Marketing (May 1, 2026; mandate Jun 5, 2026).
- Channel
- No lawful retail channel
- Potency caps
- None stated in the sources checked
- Minimum age
- —
- Retailer licence
- — · official registry
- Shipping into the state
- Unclear
- Effective
- —
- Next scheduled change
- None scheduled in the sources checked
- Pending
- 15th COA No. 15-26-00099-CV (appeal of the injunction against the Mar 31 rules): appellant's reply brief filed 2026-09-17; amicus brief received 2026-10-01; on 2026-10-05 the appeal was set for submission and oral argument on Dec 8, 2026 at 9:30 AM. Federal: Monti v. Garcia, S.D. Tex. 3:26-cv-00254: TRO denied 2026-08-09; amended complaint filed 2026-09-17; plaintiff's summary-judgment motion filed 2026-09-29; answers were due 2026-10-09; initial conference 2026-11-04; no separate preliminary-injunction motion appears on the RECAP docket index (read Oct 8, 2026).
- Statute / rule
- DSHS notice, 51 TexReg 4597 (Jul 10, 2026); Tex. Health & Safety Code §481.034; Texas DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. May 1, 2026) · DSHS notice, 51 TexReg 4597 (PDF)
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: total THC (incl. THCA) ≤0.3%, 0.4 mg per container, converted delta-8
From Dec 11, 2026, hemp means total THC including THCA at 0.3% or less by dry weight; final products are capped at 0.4 mg total THC per container; cannabinoids made outside the plant (converted delta-8, delta-10) are excluded. Scheduled — Dec 11 is also the day the federal funding bill expires, and the White House budget office asked Congress in June for 'at minimum, an extension'. Watch the countdown.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.