SAN ANTONIO – Texas took a significant step to regulate hemp-derived THC products, banning all synthetically created forms of THC under a new law that went into effect Friday.
The law banned synthetic THC products, including Delta-8, Delta-10, THCP and THCA flower. Low-dose Delta-9 — the most commonly sold THC product in the state — remains legal as long as products contain less than 0.3% THC by dry weight.
For San Antonio coffee shop LazyDaze, the change has little impact because the manager said everything it sells is made from natural THC.
“We have had no slowdown in sales whatsoever,” said Alex Cabello, LazyDaze manager. “The space is being filled and utilized for what it was here for, you know, just a safe space, third space for everybody.”
Cabello said the law is a positive step towards better regulation of natural THC products sold in Texas.
“This is just gonna help kind of verify products,” Cabello said. “I think that’s what Texas really needs, more of like a database to have verified, trustworthy products that all stores can carry.”
What remains legal — for now
Many Delta-9 edibles and drinks can still be sold under the new law. Smokeable Delta-9 hemp flower also remains available for now, after a court paused a separate ban on those products.
The Department of State Health Services argued hemp-derived THC products should be treated as controlled substances because they are psychoactive drugs.
Cannabis experts said the new law could remove 60% to 90% of THC products from circulation statewide.
Despite the sweeping changes to the industry, Cabello said his business is built to last.
“We’re the right direction,” Cabello said. “I think it’s been an uphill battle the entire time since we’ve been open. We’ll be hitting our two-year mark coming up in November. And we’re not going anywhere.”
Cabello urged consumers to do their homework before purchasing any THC products.
“I think overall everybody should just do their own important research if you are going to be consuming to that degree,” he said.
Penalties, law enforcement responses
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, cannabis experts said.
KSAT 12 reached out to local authorities, including the Bexar County District Attorney’s Office, to ask how they plan to enforce the new ban.
Statements from the district attorney’s office, the San Antonio Police Department and the Bexar County Sheriff’s Office can be read below:
Pursuant to our oath to enforce the laws of the State of Texas, we will continue to prosecute any possession, sale, or delivery of any controlled substance that our legislature has identified as illegal.
As always, we will conduct thorough reviews of each case, guided by the established legal framework and the results provided by crime laboratories certified by the Texas State Forensic Science Commission. Our commitment to enforcing the law remains steadfast, and we will continue to approach our responsibilities with diligence and integrity.
Bexar County District Attorney's Office
The San Antonio Police Department will follow Texas law and will enforce the reclassification of Delta-8, Delta-10 and other hemp derived cannabinoids as Scheduled 1 controlled substances.
SAPD
We will continue to follow statutory laws and regulations. We currently are not planning any large-scale operations on the enforcement side, nor will the new laws have higher priority. As always, our primary focus is the violent crimes.
BCSO
The Texas Tribune contributed to this article.
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