U.S. reclassifies medical marijuana to Schedule III as Texas enforces delta-8 THC ban

marijuana rescheduling Schedule III delta-8 THC ban cannabis regulation Texas drug laws

The U.S. Department of Justice and the Drug Enforcement Administration have reclassified FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III. This federal action, carried out via an order signed by Acting Attorney General Todd Blanche, follows a December 2025 executive order intended to expand research into medical marijuana and Cannabidiol (CBD). While medical products have been moved, bulk marijuana, recreational marijuana, and synthetic THC remain classified as Schedule I.

In Texas, legal landscapes regarding cannabis are also shifting. Following a Texas Supreme Court ruling, delta-8 THC was reclassified as a Schedule I drug effective July 31, 2026. This change has led to new enforcement protocols in Austin, where the police department stated that substances will be seized and tested unless owners can prove via packaging that the product does not contain delta-8 THC.

Despite social media claims that Texas has made all marijuana possession a felony, possession of two ounces or less of marijuana remains a Class B misdemeanor. The recent legal changes specifically target the manufacture and possession of delta-8 THC and certain other THC products, which can result in felony charges.

Entities

Austin Police Department · Drug Enforcement Administration · Texas Supreme Court · Todd Blanche · U.S. Department of Justice

Claims

What the coverage asserts, and how many sources carry each claim.

[○ 1 SOURCE] In Texas, possession of 2 ounces or less of marijuana remains a Class B misdemeanor. www.snopes.com
[○ 1 SOURCE] The DOJ and DEA reclassified FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III. ulmhawkeyeonline.com
[○ 1 SOURCE] Acting Attorney General Todd Blanche signed the rescheduling order to move marijuana to Schedule III. ulmhawkeyeonline.com
[○ 1 SOURCE] The Austin Police Department will not seize substances if the owner can prove via packaging that they do not contain delta-8 THC. thedailytexan.com
[DISPUTED] The Texas Supreme Court allowed a ban on delta-8 THC. thedailytexan.com · www.snopes.com
[○ 1 SOURCE] Bulk marijuana, recreational marijuana, and synthetic THC remain in Schedule I. ulmhawkeyeonline.com

Sources

Marijuana Moves to Schedule III [ulmhawkeyeonline.com]

26 days ago

What THC ban enforcement looks like in Austin [thedailytexan.com]

27 days ago

Did Texas make marijuana possession a felony after 70% of voters supported legalization? [www.snopes.com]

27 days ago