Texas Shuts the Door on Delta-8, Delta-10, THCP — For Now
Starting today, Texas is treating delta-8, delta-10, THCP, and other lab-manufactured hemp cannabinoids as Schedule I controlled substances — the same legal category as peyote and Ecstasy.
The Department of State Health Services (DSHS) is reviving definitions it first adopted in 2021, after the Texas Supreme Court ruled on May 1 that the agency had authority to treat these compounds as marijuana extracts, not legal hemp. Delta-9 THC products that test at or below 0.3% dry weight remain legal, so gummies, drinks, and other items formulated within that limit can stay on shelves.
Statewide stakes. More than 14,000 retailers are registered to sell hemp products in Texas, and the law forces many to reformulate, relabel, or pull inventory overnight. Compare that to states like Colorado and California, which run licensed recreational marijuana markets with THC caps set far above 0.3% and state-regulated dispensaries — Texas, by contrast, still criminalizes THC outside a narrow medical program and a shrinking hemp carve-out. Lt. Gov. Dan Patrick and other Republican leaders have signaled they want the next Legislature to close that carve-out entirely.
Austin in the middle. The capital has 974 registered hemp retailers, and Austin Police told KUT News that possession of banned cannabinoids could now be prosecuted as a felony — a reversal from the department’s earlier stance of folding delta-8 into its low-priority misdemeanor marijuana policy. APD hasn’t said how officers will field-test which THC isomer is in a given gummy, whether arrests are actually planned, or how fast enforcement ramps up.
(Episode from July 30, 2026)
Ultimately, Travis County prosecutors decide what gets charged.
How Texas got here
- 2021: DSHS updates its Schedule I definitions to cover synthetic THC isomers.
- 2021 (same year): Hometown Hero and other hemp businesses sue; a Travis County court grants a temporary injunction, keeping delta-8 legal.
- May 1, 2026: The Texas Supreme Court reverses the injunction in DSHS v. Sky Marketing Corp., ruling the 2019 hemp law only protects trace, naturally occurring THC.
- June 5, 2026: The Court’s mandate formally dissolves the injunction.
- July 10, 2026: DSHS publishes notice in the Texas Register reinstating the 2021 rules.
- July 31, 2026: The reinstated rules take effect.
Separately, stricter DSHS rules on smokable hemp and THCA flower — paused since March — are also winding through the 15th Court of Appeals, adding another layer of uncertainty for business owners already reeling from years of legal whiplash.
How has the alcohol lobby in Texas politics shaped the fight against legalizing marijuana and THC?
There’s a clear, traceable financial relationship, though establishing direct causation (versus other motives like genuine public-safety concerns) is harder to prove definitively.
What’s documented on the money side
Beer distributors have been the single largest alcohol-industry political spenders in Texas for over a decade. According to Texans for Public Justice, beer distributors gave almost $11 million to state campaigns since 2013, about 75% of all alcohol industry donations, with Gov. Greg Abbott receiving $1.8 million and Lt. Gov. Dan Patrick $845,000 over that period.
Around the specific 2025 fight over Senate Bill 3 (the THC ban), the pattern sharpened:
- In 2024, Silver Eagle Beverages — an Anheuser-Busch distributor — contributed $250,000 to Patrick’s campaign, with CEO John Nau adding another $100,000 personally.
- The Beer Alliance of Texas PAC gave $25,000 to “Texans for Dan Patrick” in December 2024.
- Patrick has also accepted $80,000 from the Wholesale Beer Distributors of Texas and $75,000 from Republic National Distributing Company.
How the fight actually played out
Patrick made banning consumable THC a top priority, passing SB3 through both chambers, but Abbott vetoed it — sparking a public rift, with Patrick accusing Abbott of effectively legalizing recreational marijuana.
Abbott then pushed a special session and eventually issued an executive order imposing regulations (ID checks, 21+ sales age, 1,000-foot school buffers) rather than a full ban, which Patrick criticized as a “state seal of approval.”
DSHS regulations that took effect March 31, 2026 added child-resistant packaging, higher licensing fees, and other restrictions.
The alcohol-lobby connection became a talking point used explicitly by opponents of the ban: the Texas Hemp Business Council argued that opposition to hemp is “driven by lobbyists tied to marijuana monopolies and the alcohol industry”, and Patrick has been publicly “labeled a booze lobby shill for beer distributors who stand to benefit,” drawing rare backlash even from conservatives.
Important caveats on the “how much influence” question
- Correlation vs. causation: The money trail is well-documented and public via the Texas Ethics Commission, but Patrick and his allies frame the ban around child safety and unregulated products, not industry protection. There’s no smoking-gun internal document proving the donations caused his position — critics infer motive from the financial relationship, which is a reasonable but not airtight inference.
- Multiple industries involved: Tobacco and pharmaceutical interests are also frequently cited alongside alcohol as beneficiaries of a THC ban, so alcohol isn’t necessarily the sole or dominant force.
- The alcohol industry isn’t monolithic: Nationally, some alcohol-industry trade groups and retailers like Total Wine, ABC Fine Wine & Spirits, and a new coalition called BAMCO have actually lobbied to keep hemp-derived THC products legal — likely because many now sell THC beverages themselves. So “the alcohol lobby” is split between distributors (who benefit from a ban) and retailers (some of whom profit from THC products).
- Outcome so far: Despite the well-funded push, Texas hasn’t gotten a full ban — Abbott’s veto and subsequent regulatory-not-prohibition approach suggests the beer distributors’ lobbying, while substantial, hasn’t been sufficient to override other political pressures (public opinion, veteran advocacy, hemp industry jobs).
Sources: KUT News/Austin Monitor; NBC DFW; The Texas Tribune; Cannabis Business Times; Dallas Express; Texas Policy Research; Dallas Observer; MyCannabis.com
“The district failed us.” — Austin ISD student
Trustees voted 7-2 Thursday night to close a South Austin middle school less than three weeks before students return to class, pushing the number of Austin school campuses shuttered this year to 11.
The board approved the closure of Paredes Middle School just a week after the district first floated the proposal, with LaRessa Quintana and Fernando de Urioste casting the lone dissenting votes.
Austin ISD in a statement:
“This decision was not easy and is rooted in the district’s focus on placing students in learning environments where they have the best opportunity to thrive.”
“Students who were previously zoned to Paredes will be zoned to Bailey or Mendez Middle School depending on their address.”
“The district will support families throughout this transition by honoring course requests for all students, hosting student support circles, Communities In Schools and Council on At-Risk Youth will provide support and ACE Austin Program will be housed at Mendez.”
“Additional information will be provided to the affected communities.”
Gloria Vera-Bedolla is a community activist and was at last night’s meeting:
Brian Pena is a public education advocate who has announced his intention to run for Austin ISD Trustee (At-Large Place 9). He spoke at last night’s meeting:
The boundary change
Austin City Council Sets Maximum Tax Rate, Postpones Budget Vote as Social Services Cuts Loom
Austin City Council took a series of procedural but consequential steps on Thursday, moving the city’s Fiscal Year 2026-2027 budget forward while putting off a final vote on the spending plan — including proposed cuts to social services — until next month.
Budget presented, but adoption pushed back
Council opened the day with a presentation and discussion of City Manager T.C. Broadnax‘s proposed FY 2026-2027 budget.
Later in the afternoon, Council held the scheduled public hearing on the budget, hearing from staff and residents. However, Council did not adopt the budget at this meeting. Instead, members postponed final action to August 12, giving the public and Council additional time to weigh in before the plan — which includes contested reductions to social service contracts — is finalized.
Maximum property tax rate approved
Council approved a resolution setting the maximum proposed property (ad valorem) tax rate for FY 2026-2027, which includes an increase to fund city operations and maintenance. This action does not lock in the final tax rate; it sets a ceiling and triggers a required public hearing, scheduled for August 12 at 10 a.m. at Austin City Hall, where residents can formally weigh in before Council sets the actual rate.
Charter amendments headed to November ballot
Council spent a significant portion of the meeting working through a long list of potential amendments to the city charter, considering whether to place each on the November 3, 2026, special election ballot. Results were mixed:
Approved for the ballot:
- Clarifying that the Independent Citizens Redistricting Commission (ICRC) operates independently of Council control, expanding the pool of potential ICRC appointees, and adjusting rules for filling vacancies and reviewing district lines
- Removing the requirement that Council meet at least once per week
- Removing the requirement that Council set its rules and order of business by ordinance
- Clarifying the definition of “election” and shifting the annual adjustment of campaign contribution and expenditure limits to January 1 instead of tying it to the budget cycle
- Requiring initiative and petitioned charter amendment elections to be held on the next available November date in an even-numbered year
- Giving Council the power to appoint and remove the City Attorney
- Making non-substantive corrections — fixing typos, punctuation, and outdated language superseded by state law or court rulings
- Requiring an independent affordability and efficiency study before any future tax rate increase, with the study required to identify potential annual and multi-year savings
Rejected:
- Raising the signature threshold for a petition to recall a Council member (other than the mayor) from 10% to 15% of qualified voters in that district
- Aligning the automatic-resignation timeline for municipal court judges with the Texas Constitution‘s standard for other officials
- A measure aimed at aligning city financial practices with generally accepted accounting principles
- Removing city auditor employees from the classified civil service (failed for lack of a motion)
- Lifting the waiting period before former officeholders can solicit contributions to pay off unpaid campaign debts (failed for lack of a motion)
- A catch-all provision allowing any other charter amendments proposed by Council or the public (failed for lack of a motion)
Efficiency study contract awarded
In a separate action tied to city finances, Council authorized a contract with Public Works LLC for a comprehensive efficiency study of city departments, commissioned through the Austin City Auditor’s Office. The contract runs for an initial three-year term with two optional one-year extensions, at a cost not to exceed $5.23 million. The current fiscal year’s $200,000 share is already budgeted; funding for the remaining years depends on future budget approvals.
What’s next
With the budget vote — and the fate of proposed social service funding cuts — now pushed to August 12, advocates and nonprofit providers who rely on city contracts will have another few weeks to make their case to Council before a final decision is made. That same August 12 date will also host the formal public hearing on the maximum property tax rate.
Austin Mayor Pro Tem Chito Vela talks about the city’s budget — which is expected to be approved in the next few weeks — and a potential bond in the works.
This article is based on the official record of actions taken at the July 30, 2026 Austin City Council meeting.
A barricaded suspect triggered a SWAT response in South Austin Thursday morning. Police say officers responded to the 2400 block of Monarch Drive around 11:00 a.m. after a woman reported her ex-husband—who was allegedly armed with a rifle—was violating a protective order.
The SWAT call ended at 7:20 p.m. with no arrests.
BREAKING
Police arrested a man today after the SWAT team responded to the same South Austin address for the second time less than 24 hours.
Meanwhile, police say they arrested a 19-year-old suspect after two people were shot at a South Austin motel Wednesday night.
Williamson County authorities are investigating a shooting near Taylor in the early morning hours of July 24 involving a juvenile.
A statewide Amber Alert has been issued for a missing 14-year-old girl and a 2-month-old infant who were last seen Wednesday afternoon in Manor, according to the Travis County Sheriff’s Office.
Samsung is planning to begin construction on a second semiconductor plant in Taylor by end of 2026.
The pyramid-shaped One Eleven Congress has been sold in one of the most expensive real estate transactions in downtown Austin’s history. (Austin Business Journal)
Just in time for the football season to kick off this year, the intersection of Martin Luther King Junior Boulevard and I-35 should flow better for Longhorn fans headed to DKR-Texas Memorial Stadium.
THIS WEEKEND IN THE ATX
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More than 990,000 people reportedly went to Barton Springs Pool in 2025, marking the highest number of visitors over the past decade.
WEATHER
THURSDAY’S HIGH / LOW TEMERATURES
AUSTIN-BERGSTROM INTERNATIONAL AIRPORT
CAMP MABRY
5-DAY FORECAST / AUSTIN, TEXAS
JULY TEMPERATURES AND PRECIPITATION
Two new polls show Democrat James Talarico ahead of Republican Ken Paxton in the Texas Senate race, adding fresh volatility to a contest once considered a Republican lock.
A Fox News poll released this week found Ken Paxton trailing James Talarico by 3 points, 48% to 51%, as character concerns and a GOP unity gap challenge the Trump-backed Republican. That gap grows to 6 points among voters who say they’re extremely motivated and extremely interested in the race. Notably, by a 12-point margin, more voters say they’re concerned Paxton lacks the character to serve as senator than believe Talarico is too extreme.
That survey echoes an earlier poll from Texas Public Opinion Research, which put Talarico’s lead at 5 points, 45% to 40%, among likely voters — a result shared by the Texas Tribune, with neither candidate breaking 50% since winning their respective primaries.
Texas Democrats haven’t won a statewide Senate race in decades, and analysts caution Texas remains a Republican-leaning state — but with Trump’s approval underwater in the state and Paxton still working to unite the GOP after a bruising primary against John Cornyn, the race is drawing national attention as one of the most competitive Senate contests of the 2026 cycle.
Sen. John Cornyn is holding the fate of Todd Blanche‘s attorney general nomination hostage in the Senate Judiciary Committee — and President Trump thinks he knows why.
Trump suggested Cornyn may be “upset with me because I didn’t endorse him,” referring to Trump-backed Ken Paxton’s victory over Cornyn in the Senate primary in May. Cornyn insists it has nothing to do with their political history, framing his holdout instead around demands that the Justice Department put in writing that its $1.8 billion anti-weaponization fund is dead and that a Trump-IRS audit immunity agreement be narrowed.
But with Cornyn having lost the Republican nomination to Paxton in a May runoff after pushing hard for Trump’s endorsement — even filing a bill to rename a highway section after the president — the timing has fueled speculation that this is less about policy than a lame-duck senator settling a score on his way out the door.
Three parents sued on Thursday to force Texas to block and remove posters with the Ten Commandments from public school classrooms, arguing that state laws on religious freedom and parental rights conflict with the new state-mandated displays. (New York Times)
The Texas Department of Public Safety (DPS) confirmed Tuesday that inappropriate images were posted to one of its official accounts.
The Harris County Sheriff’s Office recently invited companies to submit proposals for an AI-powered camera system capable of analyzing inmates’ behavior and detecting weapons.
San Marcos Mayor Jane Hughson has filed for yet another election, but not to keep her seat as mayor. Instead, she is challenging incumbent Alyssa Garza for the Place 3 council seat.
Tesla is set to grow its footprint even larger in the Austin area. The electric vehicle giant owned by Elon Musk has taken another massive speculative industrial building in Mustang Ridge.
The Community Foundation of the Texas Hill Country is focusing on emergency financial assistance for families, housing recovery and small business assistance.
A Bexar County man is facing animal cruelty charges after he allegedly beat his dog to death.
A 49-year-old McAllen pastor is in custody after Edinburg police arrested him on four counts of indecency with a child.
The sheriff of Johnson County has been indicted…again.
A federal judge ruled that one of the three men who was in the van during the deadly ICE shooting of Lorenza Sadalgo Araujo was to be released.
The Texas Hill Country was ranked the third best wine region out of the top ten in the country by USA Today.
SPORTS
MLB: The Texas Rangers and Houston Astros will do battle this weekend in H-town.
Yesterday, the Astros rested while the Rangers concluded their series in Tampa.
Cedric Mullins hit a go-ahead home run in the eighth inning, Jonny DeLuca also went deep and seven pitchers combined on a two-hitter for the Tampa Bay Rays in a 3-2 victory over the Texas Rangers on Thursday. (Associated Press via MSN)
The Rangers (55-54) hold a half-game edge atop the AL West as they open a weekend series against the second-place Astros (55-55), with Texas looking to build separation in a division that’s tightening down the stretch. Just one game separates the two Lone Star rivals, giving this in-state clash added weight beyond the usual Rangers-Astros intensity.
LONGHORNS: Twelve former University of Texas student-athletes and one former coach will be inducted this September into the Texas Athletics Hall of Honor. These 13 individuals will be recognized as the Class of 2026 in an induction ceremony on Friday, Sept. 18 and with an on-field recognition at the Longhorns Football game against UTSA that Saturday.
36 DAYS UNTIL TEXAS FOOTBALL
NCAA sparks outrage with a controversial two-game suspension for Tennessee linebacker Arion Carter over a $400 flight reimbursement—a move many call an outdated power play. As questions swirl about inconsistent rulings and shifting amateurism boundaries, panelists dissect whether the NCAA’s grip on college football is slipping and what this means for both Tennessee’s roster depth and the broader SEC landscape.
The documentary Tower uses a unique blend of animation and archival footage to tell the story of the August 1, 1966, mass shooting at the University of Texas, when a gunman climbed the UT Tower and opened fire on people below. Ten years after the film’s release, “Tower” director and producer Keith Maitland, speaks to KXAN-TV alongside John “Artly” Fox, one of the documentary’s central figures who was a freshman on campus that day.
