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Texas Court Enforces Delta-8 Ban, Fuels Senate Race

8/4/2026

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Summary

Story summary

Texas Supreme Court cleared the way to enforce the Aug. 2, 2026 ban on delta-8, delta-10 and hemp-derived THC products, making possession a felony with possible jail time and fines.
Rep. James Talarico (D-TX) called the ban a “gift to the cartels” and referenced President Donald Trump’s comment on ending arrests for marijuana.
A July 2026 Fox News poll put Talarico ahead 51-48 percent, making the ban a flashpoint in the 2026 Senate race.

History

Historical Context

The 1937 Marihuana Tax Act, drafted by Harry Anslinger and signed by President Franklin D. Roosevelt, imposed a federal tax that effectively criminalized cannabis. After the act was declared unconstitutional in 1969 and replaced by the 1970 Controlled Substances Act, Texas’s 2026 Supreme Court ruling banning delta-8 mirrors that early federal prohibition.

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Story summary

Texas Supreme Court cleared the way to enforce the Aug. 2, 2026 ban on delta-8, delta-10 and hemp-derived THC products, making possession a felony with possible jail time and fines.
Rep. James Talarico (D-TX) called the ban a “gift to the cartels” and referenced President Donald Trump’s comment on ending arrests for marijuana.
A July 2026 Fox News poll put Talarico ahead 51-48 percent, making the ban a flashpoint in the 2026 Senate race.

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