While federal policy under President Donald Trump has moved to ease medical marijuana rules nationally, Texas is tightening restrictions on hemp-derived intoxicants.
The Lone Star State remains one of the strictest in the nation on marijuana and hemp products. Recreational marijuana is still illegal, and medical marijuana is limited to a narrow Compassionate Use Program. Texas has aggressively moved against manufactured delta-8 THC and other high-potency hemp derivatives, citing public safety and the protection of minors, as The Dallas Express previously reported.
In contrast, 24 states plus Washington, D.C., have legalized recreational marijuana, per World Population Review. Forty states allow medical marijuana in some form. Delta-8 THC is legal or regulated in states including Alabama, Arizona, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland, Missouri, and Nebraska.
Texas has not followed this wider trend.
Texas Supreme Court Backs Delta-8 Crackdown
On May 1, 2026, the Texas Supreme Court ruled in favor of the Texas Department of State Health Services in the case Texas Department of State Health Services v. Sky Marketing Corp., d/b/a Hometown Hero (No. 23-0887). The court affirmed that the Health Services Commissioner has the authority to quickly regulate or ban emerging substances like delta-8 THC. Justice Young explained that the Texas Legislature granted the executive branch this authority to respond rapidly to emerging public health threats.
The ruling allows Texas to ban high-potency, manufactured delta-8 THC products, while still allowing trace amounts of natural delta-8 that occur in legal hemp products.
This outcome continues a pattern reported by The Dallas Express since 2021. The outlet covered DSHS’ efforts to classify manufactured delta-8 as illegal, as well as the subsequent court battles. Texas lawmakers have prioritized regulation over expansion, unlike states with established recreational markets.
Texas’ limited medical program and hemp regulations demonstrate ongoing legislative resistance to broader legalization. According to previous reporting by The Dallas Express, the Texas Compassionate Use Program (TCUP) currently has only a few licensed dispensaries operating. This shortage of dispensaries has severely affected access for eligible patients, especially those living in rural areas.
Despite recent expansions introduced by House Bill 46, the program still struggles due to the limited number of operational dispensaries. This lack of availability directly impacts access for qualifying patients, particularly in remote communities.
Federal Easing vs. Texas Crackdown
Federally, President Donald Trump signed an executive order in December 2025 to expedite marijuana rescheduling to Schedule III and expand research. In April 2026, the DOJ and DEA placed certain medical marijuana products in Schedule III, DX reported.
Medical literature shows THC compounds have both potential benefits and risks, according to ScienceDirect. Some studies report uses for nausea, appetite, and pain relief. Adverse effects can include anxiety, dizziness, hallucinations, and cardiovascular concerns, especially with unregulated high-potency products. The FDA has not approved delta-8 products.
The Texas hemp industry expanded after the 2019 state law. The ruling on May 1, 2026, and pending federal hemp changes in November 2026 could reshape business operations by enforcing distinctions between legal hemp and controlled substances.
Texas lawmakers have repeatedly cited public safety, youth protection, and concerns over impaired driving and addiction as primary reasons for maintaining stricter policies than many other states or the federal government. Republican leaders, including Gov. Greg Abbott, have expressed skepticism about rapid expansion, arguing that unregulated cannabis products pose risks to children and public health.
Why Texas Can Go Its Own Way on Cannabis
Under the U.S. Constitution’s 10th Amendment, states retain significant authority over matters not explicitly granted to the federal government, including the regulation of controlled substances within their borders. Even as the federal government reschedules marijuana or eases medical rules, states are not required to follow suit.
As such, Texas can still enforce stricter laws on hemp and cannabis products within its borders.
This dual-sovereign system is fully legal and has been upheld by the U.S. Supreme Court in multiple cases involving marijuana.
