CORPUS CHRISTI, Texas — A new Texas law that took effect today bans many hemp-derived THC products that smoke shops had legally sold for years through a loophole.
Dallas Robbins, owner of High Tides on the Southside and a member of the Texas Hemp Business Council, said the change is already creating confusion among retailers and customers.
"Just today we've had 4 or 5 calls just asking, you know, what is legal, what can we sell? I mean, I'm on group chats with other retailers. We don't even know what to sell… it has made it impossible to operate and you know it's it's a very sad thing to see um and then people are losing access and small businesses are suffering all over Texas," Robbins said.
Robbins said the ban also raises concerns about access for customers who relied on these products.
"There's a lot of people that are gonna suffer from lack of access to these products because they help a lot of people. We have a lot of older people, we have a lot of people that can't afford their medication that come in here, and they're looking for these products," Robbins said.
For businesses that sold Delta-8 and Delta-10, the financial impact could be significant.
"That's usually about 20 to 30% of your business is coming from those Delta 8, Delta 10…" Robbins said.
The Texas Hemp Business Council is advocating for access to hemp in Texas. Robbins said his store has worked to stay compliant with the new law.
What is now banned
The law bans synthetically derived or non-compliant forms of THC, including Delta-8 THC, Delta-10 THC, Delta-6 THC, THCP, and similar isomers and cannabinoids beyond trace natural levels. THCA flower and products containing more than trace amounts of these compounds are also prohibited.
The ban covers a wide range of product types — edibles, gummies, drinks, topicals, and smokables — if they exceed the legal limits. Retailers were advised to remove noncompliant inventory by the effective date. Products may be detained and referred to law enforcement.
Vapes containing cannabinoids were already restricted or banned for sale under earlier 2025 legislation, with selling them classified as a Class A misdemeanor.
What remains legal
Delta-9 THC products with 0.3% or less Delta-9 THC by dry weight remain legal, consistent with the federal 2018 Farm Bill and Texas hemp definition under Health & Safety Code Chapter 443. This includes certain edibles, drinks, tinctures, and topicals that meet the limit. Naturally occurring trace amounts of other cannabinoids in compliant hemp-derived products are also still permitted.
A separate statewide ban on the sale of smokable hemp was scheduled earlier but has been paused by court ruling, so compliant Delta-9 smokable products may still be available in some places. Separate rules on total-THC testing, higher licensing fees of $5,000 for retail and $10,000 for manufacturing annually, age-21 sales, and labeling remain subject to ongoing litigation or separate enforcement.
Medical low-THC cannabis remains available only through the limited Compassionate Use Program. Recreational marijuana remains illegal.
Penalties for possession
Once reclassified, possession of banned products — those containing more than trace non-Delta-9 THC isomers or extracts — is treated as possession of a controlled substance under rules analogous to Penalty Group 2 of the Texas Health & Safety Code. These are felony-level offenses even for small amounts:
- Less than 1 gram: State jail felony — 180 days to 2 years in a state jail facility, plus a fine up to $10,000.
- 1 gram to less than 4 grams: Third-degree felony — 2 to 10 years in prison, plus a fine up to $10,000.
- 4 grams to less than 400 grams: Second-degree felony — 2 to 20 years in prison, plus a fine up to $10,000.
- 400 grams or more: First-degree felony — 5 to 99 years or life in prison, plus a fine up to $50,000.
Enforcement in Corpus Christi
The Corpus Christi Police Department said in a written statement that its Narcotics and Vice Division will continue conducting random inspections of businesses to ensure they are following state, federal, and local laws. The department said enforcement may also happen through routine police activity or in response to complaints.
Only hemp products that meet Texas's Delta-9 THC limits remain legal.
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