Texas did not ban all THC. Delta-8 became a controlled substance on July 31, 2026, but hemp products containing delta-9 THC at 0.3 percent or less by dry weight are still legal, which is why THC drinks and gummies are sitting on ordinary store shelves right now. Houston criminal defense attorney Gary Tabakman explains what that 0.3 percent actually measures: a concentration, not a milligram cap, meaning a product can hold a real, meaningful dose and still fall under the legal line. He also covers how a laboratory determines that concentration, why “THC detected” and a specific delta-9 number are two very different lab findings, and how the certificate of analysis QR code on the label lets you check a product yourself.

This is general information only, not legal advice, and watching it does not create an attorney-client relationship; if you’ve been charged in Harris County or anywhere in Texas, call for a free consultation at 713-429-1624.

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