Woodlands-area residents who still have delta-8 gummies or vape cartridges in a drawer could face a state jail felony charge if they're caught with them, the Montgomery County District Attorney's Office warned Tuesday, Aug. 4.

The office said prosecutors have been briefed on the statewide ban on most hemp-derived THC products, which took effect July 31, and will accept charges from law enforcement where probable cause exists. There will be no grace period. Products purchased before the ban get no separate treatment.

"The time to learn the law is before you encounter law enforcement and find yourself charged with a crime," the office stated in comments reported by Click2Houston on Aug. 4.

What changed

The ban did not come from a new law. The Texas Department of State Health Services first classified delta-8, delta-10, THCP, THCA flower and other manufactured THC variants as controlled substances in October 2021. A Travis County judge blocked enforcement that same year. The Texas Supreme Court reversed that injunction on May 1, and DSHS published a reinstatement notice July 10. The definitions took effect July 31.

Possession now carries 180 days to 2 years in a state jail and a fine of up to $10,000.

Delta-9 THC products containing no more than 0.3% THC by dry weight remain legal, including qualifying edibles, beverages and tinctures, according to the Texas Tribune. Cannabis experts told the Tribune the ban could remove 60% to 90% of THC products from store shelves. About 14,000 retail stores statewide hold consumable hemp licenses from DSHS.

Montgomery County's stance

The DA's office, led by District Attorney Michael R. Holley, said it is not creating categories of cases based on when a product was purchased. Each case will be reviewed on its own facts, evidence and applicable law.

The office also flagged impaired driving as a priority, stating that its commitment to holding impaired drivers accountable "remains unchanged" regardless of the substance involved.

Criminal defense attorney Cory Roth warned consumers in the Click2Houston report: "You can absolutely get arrested for a product that you bought legally when it was legal because now it is illegal." Roth advised never driving or being in a vehicle with marijuana, CBD or any of its derivatives.

The office also cautioned retailers who rely on representations from out-of-state wholesalers, saying they "may find themselves in violation of Texas law."

Local enforcement history

Montgomery County law enforcement was already focused on THC sales before the ban. On Jan. 2, the Montgomery County Sheriff's Office announced that MCSO and MOCONET, the county's narcotics enforcement team, were targeting smoke shops selling THC products to minors.

Veterans' concerns

Mitch Fuller with the Texas Veterans of Foreign Wars said many veterans use hemp-derived THC as an affordable alternative to prescription medications for pain and sleep. He warned that losing access could push veterans back toward medications they previously struggled with or toward unregulated products.

What's next

A federal lawsuit filed Aug. 3 in the U.S. District Court for the Southern District of Texas challenges the ban on commerce grounds. Two hemp retailers and a distributor are seeking a temporary restraining order. No ruling had been issued as of Aug. 5.

A separate federal law redefining hemp to exclude intoxicating THC products takes effect Nov. 12. The Texas Legislature returns Jan. 12, 2027, and Sen. Charles Perry has confirmed he will file a bill to ban consumable hemp products entirely.

Residents with questions about the law can contact the Montgomery County DA's Office at (936) 760-6910 or [email protected].