THC in Texas: Business owner talks impact of new rules

Published July 29, 2026 6:30 PM CDT

New THC rules are going into effect on Friday that will ban Delta 8 products. This comes after months of back-and-forth legal battle. 

Under the new rules, anything other than Delta 9 will be considered a controlled substance. 

The new regulations also have a 0.3% THC limit for consumable hemp products. 

Related

New Texas THC rules to take effect Friday

After months of back-and-forth in court, new THC rules are set to go into effect Friday in Texas.

The backstory:

Delta 8 was first targeted for a ban in 2021. That was later blocked by a Travis County Judge and remained legal for years. This year, that was overturned by the Texas Supreme Court. 

Local perspective:

Travis Tyler, president and CEO of Smoking Burnouts, says it's been difficult to get consistent information on what's being enforced. 

He says it's been a scramble trying to sell inventory that's becoming illegal, and it's even worse for wholesalers who have so much product they're trying to get rid of. 

Tyler estimates 30 percent of the store's revenue will be lost with the new rules.

"It's making it difficult. We're running around like chickens with our heads cut off trying to figure out what we can and can't do," he said. 

The other side:

Meanwhile, some state lawmakers are trying to crack down even further. 

State Sen. Charles Perry (R-Lubbock) says he intends to file a bill next legislative session that would ban THC products outright. 

"They know they are going to get laws passed against, and then they sue and tie it up for decades, so they can expand their addiction and trap more people in it, that’s their MO," he said during a recent Senate committee hearing.

What's next:

The Texas Hemp Business Council says their fight isn't over. They plan to continue the battle in court.

The Source: Information in this report comes from reporting/interviews by FOX 7 Austin's Angela Shen

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