Delta-8 THC products are illegal in Texas, updated health department website says

The Texas Department of State Health Services updated its website Friday with the clarification that delta-8 THC products — which many thought were legal under the 2018 federal Farm Bill — are still considered a controlled substance in Texas.

A notice on the Consumable Hemp Program page now reads: “All other forms of THC, including Delta 8 in any concentration and Delta 9 exceeding 0.3%, are considered Schedule I controlled substances.”

House Bill 1325, which Gov. Greg Abbott signed in 2019, legalized hemp products under 0.3% tetrahydrocannabinol (THC).

A day before the change, The Dallas Morning News published a story about the product many thought was legal in Texas, or at least in a “gray area,” Kim Augsburger, who owns CBD American Shaman in College Station, told local station KBTX-TV.

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