Texas is set to ban and reclassify Delta-8 and other hemp‑derived THC products as a Schedule I controlled substance.
Its impact on El Paso could be minimal as El Pasoans continue to drive to New Mexico to buy marijuana and likely now other THC products.
The ban and reclassification will go into effect on Friday, July 31. The Texas Legislature passed the law in 2025. The law was challenged in court, but the Texas Supreme Court ruled in favor of the state.
Here is what you should know as the law goes into effect.
What THC, hemp products are banned in Texas?
The law bans all forms of synthetically created tetrahydrocannabinol, known as THC, including delta-8, delta-10, THCP and THCA flower.
THC is a psychoactive cannabinoid chemical, while THCA and CBD do not cause a user to get high, the American Cancer Society states. Cannabidiol, known as CBD, unlike marijuana and THC, can be derived from hemp.
The new Texas law does not impact delta-9. Delta-9 is federally legal as long as it is under 0.3% THC by dry weight.
How will it impact El Pasoans?
Just like all Texans, El Pasoans will no longer be able to purchase Delta-8 and other hemp‑derived THC products at smoke shops.
Texas smoke shops have to sell all their Delta-8 and other hemp‑derived THC products before Friday, July 31, or remove any unsold products from their stores.
But as the New Mexico Regulation and Licensing Department’s Cannabis Reporting stats show, marijuana stores near the El Paso-New Mexico border continue to see massive sales.
Sunland Park sold more than $5 million of recreational and medical marijuana in June, while Las Cruces made $2.6 million last month, the state agency reported. Santa Teresa made more than $166,000 and Chaparral weed shops sold more than $1 million worth of products in June.
Is possession of THC, hemp a felony in Texas?
Possession of illegal THC products will be treated as a state jail felony, which carries a punishment of 180 days to two years in prison and fines of up to $10,000, The Texas Tribune reported.
Currently, El Paso law enforcement has several programs to handle possession of marijuana offenses, including the city’s cite and release program that started in 2020 and the county’s First Chance program that started in 2017. The cite and release program is for misdemeanor amounts of marijuana possession, the El Paso Times reported.
A Class A misdemeanor is issued for possession of four ounces or less of marijuana but more than two ounces, while a Class B misdemeanor is for possession of two ounces or less. The citations can carry a $500 fine.
Is marijuana legal in Texas?
No, marijuana remains illegal in the state. Texas is one of 26 states to outlaw recreational marijuana. Medical marijuana is legal in Texas, but highly restricted. Texas has a Compassionate Use Program, which allows qualifying patients to receive low-THC prescriptions.
Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com.
This article originally appeared on El Paso Times: El Paso impact may be minimal as Texas Delta-8 THC ban takes effect
Reporting by Aaron Martinez, El Paso Times / El Paso Times
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By Aaron Martinez, El Paso Times | USA TODAY Network
