08/01/2026
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For years, Texas businesses and consumers have relied on h**p products that were legalized under both the 2018 Federal Farm Bill and the 2019 Texas H**p Program.
Now, Texas officials have announced that delta-8 and other non delta-9 thc isomers, including products that have been openly manufactured and sold for years—are considered Schedule I controlled substances and subject to criminal enforcement.
In response, three plaintiffs have filed a federal lawsuit challenging that announcement.
The lawsuit argues that the state’s action:
• Conflicts with the 2018 Farm Bill.
• Conflicts with Texas’ own h**p law.
• Violates constitutional protections, including due process and interstate commerce.
The plaintiffs are asking the federal court for emergency relief to stop enforcement while the case moves forward.
This case is about more than h**p businesses. It raises fundamental questions about whether state agencies can redefine lawful products as Schedule I controlled substances without legislative action, and whether Texans can be subjected to criminal penalties under an unclear and conflicting legal framework.
We’ll continue sharing updates as this case develops.
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