07/16/2026
July 15, 2026 - DSHS Reinstates ban on delta-8 and other THC isomers that are NOT delta-9 THC, effective July 31, 2026.
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On July 10, the Texas Department of State Health Services (DSHS) reinstated its 2021 definitions of “Tetrahydrocannabinols” and “Marihuana Extract” as controlled substances. These definitions had been blocked by a court injunction since 2021 but are now back in effect following the Texas Supreme Court’s ruling in Sky Marketing Corp. v. DSHS.
Under the reinstated schedule, delta-8 THC and other THC isomers that are not delta-9 THC are considered controlled substances. The change takes effect July 31, 2026.
How we got here:
• 2021: A Travis County court temporarily blocked DSHS from enforcing the definitions.
• May 1, 2026: The Texas Supreme Court reversed that injunction.
• June 5, 2026: The Court issued its mandate, formally ending the case.
• July 10, 2026: DSHS reinstated the 2021 definitions through publication in the Texas Register.
Notably, DSHS did not issue a separate public announcement. At this time, the only public notice is the publication in the Texas Register.
What businesses should do now:
Businesses should evaluate their inventory and prepare to remove or sell through products containing more than trace amounts of delta-8, delta-10, delta-6, THCP, and other cannabinoids that fall within the reinstated definition before the July 31 effective date.
Note: This notice does not end the separate lawsuit currently pending before the Court of Appeals. THBC will continue monitoring the litigation and regulatory developments and will keep members informed as additional guidance becomes available.
