Texas ban on Delta‑8 and Delta‑10 forces shops to dump products, cut staff hours

Some hemp‑derived THC products are now banned in Texas, forcing shops to remove items containing Delta‑8, Delta‑10, and other intoxicating hemp compounds by July 31 or face fines and possible jail time. 

Just before midnight, Tobacco, Hemp, and Cigars threw out a large portion of its inventory to comply, and owner Alvis Hilman said he has already cut employee hours.

Hilman said the shop has lost about $30,000 in sales over the past month and fears it may close within three months. The ban follows a five‑year legal battle, and the Texas Hemp Business Council said the change removes 15% to 20% of an already struggling market.

Todd Harris, owner of Happy Cactus and a member of the council, said several shops have closed in recent days and warned that confusion over the new rules could lead to increased enforcement. 

"The enforcement is especially scary because it's a criminal… It's a Schedule 1, like a felony if you're caught with these products that were, yesterday, fully legal in Texas," Harris said.

The Texas Department of Public Safety told CBS News Texas that enforcement efforts are underway through existing partnerships with federal, state, and local agencies, estimating roughly 60 operations per year. 

DPS said Delta‑8 THC is now classified as a Schedule I controlled substance in Texas, and charges will depend on laboratory analysis, the compound identified, and the weight of the usable substance.

The council said it plans to continue challenging the state's hemp rules in court. Hilman said demand for the products will persist despite the ban. 

"I'm more upset about it because the customers really depend on it, and they aren't going to quit cause the state said you can't do this," he said. "They're going to go to Colorado, and they're going to get it, they're going to go to New Mexico, and they're going to get it."

Both the Dallas and Fort Worth police departments said they will enforce the ban in accordance with Texas law and will adjust enforcement as laws change.