Delta-8 goes in front of Texas Supreme Court, justices to decide if state agency can criminalize it

OG article by Toluwani Osibamowo

January 15, 2026

The Texas Supreme Court heard arguments on whether the Department of State Health Services (DSHS) can classify delta-8 THC as a Schedule I controlled substance. DSHS's 2021 notice reclassified delta-8 and high delta-9 THC hemp products as Schedule I, despite the 2018 Farm Bill legalizing hemp under 0.3% delta-9 THC. Hemp-derived products like delta-8 are sold widely, unlike restricted marijuana. Retailers sued, claiming overreach, potential industry devastation, and violations of administrative procedures. DSHS views it as clarifying existing law without enforcement plans. An injunction blocks the rule. The case focuses on agency authority, not policy. Broader context includes Gov. Abbott's order allowing THC sales (with minor bans), an impending federal hemp product ban over 0.4% THC, and marijuana's pending Schedule III shift. The multibillion-dollar hemp sector faces economic threats.