In Texas, Delta-8 cannabis is being more closely regulated after a woman in Brazos County was charged with felony possession for a cartridge of Delta-8 concentrate on October 2.

Currently, Texas: “allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC)”

The Texas Department of State and Health Services updated their guidelines, publishing:

“All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”

What remains unclear is enforcement of this policy, as Delta-8 products remain on Texas shelves. Consumers are required to keep products sealed until they arrive home, just as would be expected with THC-rich products in other states.

While the woman in Brazos County was arrested for cannabis concentrate possession, she still has not been formally prosecuted.

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