Austin Police Say Delta-8 THC Possession Will be Treated as a Felony 

Police in Austin, Texas say they will treat possession of delta-8 THC products as a state jail felony as a statewide product ban takes effect on Friday, KUT News reports. Felony convictions under the law could carry a punishment of 180 to 2 years in jail and a fine up to $10,000. 

According to a Department of State Health Services (DSHS) notice, delta-8 THC products will be Schedule I drugs under state law if they contain more than 0.3% THC.    

Hometown Hero CEO Lukas Gilkey, who led the initial lawsuit challenging the ban, told KUT that the state’s strategy “is now to kill [the hemp industry] by death by a thousand paper cuts.” 

In November 2021, the plaintiffs in the case won a temporary injunction which blocked the state from treating manufactured delta-8 products as a controlled substance; however, in May the state Supreme Court overturned the injunction, allowing it to take effect. The court determined that the lawsuit could still proceed, but enforcement of the rules could commence.   

“I think they’ve realized a whole ban is highly unlikely, but if they keep taking certain parts of the industry from us at some point, it is just gonna wipe out a lot of the small shops.” — Gilkey to KUT News 

There are more than 14,000 retailers licensed to sell hemp products in Texas, according to DSHS data outlined by KUT. That includes smoke shops, convenience stores, restaurants, bars, and other retailers. 

Austin police did not indicate how they would determine what type of THC was in a product and that it would ultimately be up to prosecutors whether to file charges.