X May 28, 2026, 11:24 AM CDT

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A 2021 court order that had allowed for the sale of Delta-8 THC products across Texas expires today at 5 p.m.

The state says it won't be taking any immediate action, but it's unclear what this means longer term for Delta-8.

kut.org/business/2026-… Court protection for Delta-8 sales in Texas set to expire Thursday at 5 p.m. A Texas Supreme Court order takes effect May 28 that allows state health officials to again treat manufactured Delta-8 THC as a Schedule I controlled substance, a legal category that includes peyote and Ecstasy.