Is Delta-10 THC Legal in Texas? (2026)

Instrument

§300.101. Definitions.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.101. Definitions.

The following words and terms, when used in this chapter, have the following meanings unless context clearly indicates otherwise:

(1) Acceptable hemp THC level--A total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less.

(2) Accredited laboratory--A laboratory, including at an institution of higher education, accredited in accordance with the International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard.

(3) Act--House Bill 1325, 86th Legislature, Regular Session, 2019, relating to the production and regulation of hemp in Texas, codified in Texas Health and Safety Code Chapter 443.

(4) Analyte--A chemical, compound, element, bacteria, yeast, fungus, mold, or toxin identified and measured by accredited laboratory analysis.

(5) Approved hemp source--Hemp and hemp products for human use and consumption must be grown under a state or compatible federal, foreign, or Tribal plan. These plans must be approved by the United States Department of Agriculture under 7 United States Code (U.S.C.) Chapter 38, Subchapter VII, or Texas Agriculture Code Chapter 121. The products must comply with federal law and the laws of respective foreign jurisdictions.

(6) Batch date--The date a product batch was made, used for tracking and quality control. This is also called the lot date.

(7) Batch ID number--A number that identifies a specific amount of raw or processed hemp product that meets standards for identity, strength, purity, and composition. Each batch ID number must include the manufacturer’s, processor's, or distributor's number and a sequence for inventory, traceability, and identification of the plant batches used in making consumable hemp products. This is also called the lot number.

(8) Cannabis--A type of flowering plant in the Cannabaceae family. Any plants or plant matters from plants in the genus Cannabis Sativa L.

(9) Cannabidiol (CBD)--A phytocannabinoid produced by cannabis.

(10) Certificate of Analysis (COA)--An official document from an accredited laboratory available to the manufacturer, processor, distributor, retailer, public, or department. The COA shows the concentrations of cannabinoid analytes and other measurements required by the department, including data on THC levels, and states whether a sample passed or failed content analysis limits.

(11) Consumable hemp product (CHP)--Any product processed or manufactured for consumption that contains hemp, including food, a drug, a device, and a cosmetic, as defined by Texas Health and Safety Code §431.002. The definition excludes any hemp product containing a hemp seed or hemp seed-derived ingredient that the FDA has designated as Generally Recognized as Safe (GRAS).

(12) Consumable hemp products license--A license issued to a person or facility engaged in the act of manufacturing, extracting, or processing consumable hemp products for human consumption or use.

(13) Decarboxylation--The removal or elimination of a carboxyl group from a molecule or organic compound.

(14) Delta-9 tetrahydrocannabinol (d-9 THC)--A tetrahydrocannabinol isomer known as the primary psychoactive component of cannabis.

(15) Department--The Texas Department of State Health Services.

(16) Distributor--A person who distributes consumable hemp products for resale, either through a retail outlet owned by that person or through sales to another retailer. A distributor is required to hold a wholesaler license per Texas Health and Safety Code Chapter 431.

(17) Facility--A place of business engaged in manufacturing, processing, or distributing consumable hemp products subject to the requirements of this chapter and Texas Health and Safety Code Chapter 431. A facility includes a domestic or foreign facility required to register under the Federal Food, Drug, and Cosmetic Act, Section 415 in accordance with the requirements of 21 Code of Federal Regulations Part 1, Subpart H.

(18) FDA--The United States Food and Drug Administration or its successor agency.

(19) Federal Act--Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. 301 et seq.).

(20) Hemp--The plant, Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(21) Hemp-derived cannabinoid product--Any intermediate or final product derived from hemp (other than industrial hemp), that:

(A) contains cannabinoids in any form; and

(B) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.

(22) Independent contractor--A person or entity contracted to perform work or sales for a registrant.

(23) License holder--The person who is legally responsible for the operation as a consumable hemp manufacturer or processor and possesses a valid license.

(24) Manufacturer--A person who makes, mixes, extracts, processes, packages, or repackages consumable hemp product from one or more ingredients. The definition includes synthesizing, preparing, treating, modifying, or manipulating hemp, hemp crops, or ingredients to create a consumable hemp product. It also includes private-labeling. For farmers and persons with farm mixed-type facilities, manufacturing and processing do not include activities related to growing, harvesting, packing, or holding raw hemp product. Manufacturers may only distribute products they manufactured.

(25) Measurement of uncertainty--The parameter, associated with the results of an analytical measurement that characterizes the dispersion of the values that could reasonably be attributed to the quantity subjected to testing measurement. For example, if the reported total d-9 THC content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/- 0.06%, the measured total d-9 THC content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of plan compliance.

(26) Minor--A person under 21 years of age.

(27) Non-consumable hemp processor--A person who intends to process hemp products not for human consumption and who is registered with the Texas Department of Agriculture.

(28) Non-consumable hemp product--As defined by Texas Agriculture Code §122.001(8), means a product that contains hemp, other than a consumable hemp product as defined by Texas Health and Safety Code §443.001. The term includes cloth, cordage, fiber, fuel, paint, paper, particleboard, construction materials, and plastics derived from hemp.

(29) Pathogen--A microorganism of public health significance, including molds, yeasts, Listeria monocytogenes, Campylobacter, Salmonella, E. coli, Yersinia, or Staphylococcus.

(30) Person--An individual, business, partnership, corporation, or association.

(31) Private labeling--When a person or manufacturer labels a CHP with the person’s name and address, thereby representing itself as responsible for the purity and labeling of a CHP.

(32) Process--Extraction of a component of hemp, including CBD or another cannabinoid, that is:

(A) sold as a consumable hemp product;

(B) offered for sale as a consumable hemp product;

(C) incorporated into a consumable hemp product; or

(D) intended for incorporation into a consumable hemp product.

(33) Processor--A person who operates a facility that processes raw agriculture hemp into consumable hemp products for manufacture, distribution, and sale. A hemp processor is required to hold a consumable hemp products license.

(34) QR code--A quick response machine-readable code that can be read by a camera, consisting of an array of black and white squares used for storing information or directing a user to product information regarding manufacturer or processor data and accredited laboratory COA.

(35) Raw hemp--An unprocessed hemp plant, or any part of the plant, in its natural state.

(36) Registrant--A person who sells consumable hemp products directly to consumers, and who submits a complete registration form to the department for purposes of registering the place of business to sell consumable hemp products at retail to the public.

(37) Reverse distributor--A person registered with the federal Drug Enforcement Agency as a reverse distributor that receives controlled substances from another person or entity for return of the products to the registered manufacturer or to destroy adulterated or impermissible THC products.

(38) Smoking--Burning or igniting a substance and inhaling the resultant smoke or heating a substance and inhaling the resulting vapor or aerosol.

(39) Supplier--A person or entity that manufactures or processes a material used in the processing or manufacturing of hemp. This term also includes a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers.

(40) Tetrahydrocannabinol (THC)--A cannabinoid found in cannabis and considered the primary psychoactive component of the cannabis plant.

(41) Tetrahydrocannabinolic acid (THCA)--A precursor to all tetrahydrocannabinols (THC).

(42) Texas Department of Agriculture--The state agency responsible for regulation of planting, growing, harvesting, and testing of hemp as a raw agricultural product.

(43) Texas.gov--The online registration system for the State of Texas found at https://www.texas.gov.

(44) Total THC--The value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total tetrahydrocannabinol content derived from the sum of all THC isomers and THCA content and reported on a dry weight basis. This technique requires the use of the following conversion: [Total THC = (0.877 x THCA) + THC], which calculates the potential total THC in a given sample.

(45) Total delta-9 THC--The value is determined after decarboxylation or by applying a conversion factor if the testing method does not include decarboxylation. This shows the potential total delta-9 THC content from the sum of delta-9 THC and THCA, reported on a dry weight basis. The post-decarboxylation value of delta-9 THC can be calculated using a chromatograph technique with heat, like gas chromatography, which converts THCA. This test calculates the potential total delta-9 THC in a sample. The total delta-9 THC can also be calculated using a liquid chromatograph technique, which keeps THCA intact. This technique uses the conversion: [Total delta-9 THC = (0.877 x THCA) + delta-9 THC]. This test calculates the potential total delta-9 THC in a sample.

Instrument

Applicability of Other Rules and Regulations.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

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2026-11-02

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§300.102. Applicability of Other Rules and Regulations. Hemp manufacturers, processors, distributors, and retailers must comply with all relevant laws and rules applicable to the manufacture, processing, distribution and sale of consumable products, including: (1) Chapter 217, Subchapter C of this title (relating to Rules for the Manufacture of Frozen Desserts); (2) Chapter 229, Subchapter D of this title (relating to Regulation of Cosmetics); (3) Chapter 229, Subchapter F of this title (relating to Production, Processing, and Distribution of Bottled and Vended Drinking Water); (4) Chapter 229, Subchapter G of this title (relating to Manufacture, Storage, and Distribution of Ice Sold for Human Consumption, Including Ice Produced at Point of Use); (5) Chapter 229, Subchapter L of this title (relating to Licensure of Food Manufacturers, Food Wholesalers, and Warehouse Operators); (6) Chapter 229, Subchapter N of this title (relating to Current Good Manufacturing Practice and Good Warehousing Practice In Manufacturing, Packing, Or Holding Human Food); (7) Chapter 229, Subchapter O of this title (relating to Licensing of Wholesale Distributors of Nonprescription Drugs--Including Good Manufacturing Practices); (8) Chapter 229, Subchapter W of this title (relating to Licensing of Wholesale Distributors of Prescription Drugs--Including Good Manufacturing Practices); (9) Chapter 229, Subchapter X of this title (relating to Licensing of Device Distributors and Manufacturers); and (10) Chapter 229, Subchapter GG of this title (relating to Sanitary Transportation of Human Foods).

Instrument

§300.103. Inspections.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.103. Inspections.

(a) Authorized employees of the department or the Texas Alcoholic Beverage Commission, after showing proper credentials to the owner, operator, or person in charge, may:

(1) enter the premises at reasonable times, conduct inspections, collect samples, and take photographs to determine compliance with this chapter and Texas Health and Safety Code (HSC) Chapters 431 and 443;

(2) enter a vehicle being used to transport or hold a consumable hemp product in commerce; or

(3) inspect at reasonable times, within reasonable limits, and in a reasonable manner, the facility or vehicle and all equipment, finished and unfinished materials, containers, and labeling of any item and obtain samples necessary for the enforcement of this chapter.

(b) The inspection of a facility where consumable hemp products are manufactured, processed, distributed, packed, repackaged, sold, or held, for introduction into commerce must undergo inspection to determine if the consumable hemp product is:

(1) adulterated or misbranded; or

(2) manufactured, processed, held, distributed, packed, or sold in violation of this chapter or HSC Chapters 431 and 443.

(c) An inspection of a facility where a consumable hemp product is being manufactured, processed, packed, or held for introduction into commerce under subsection (b) of this section must not extend to:

(1) financial data;

(2) sales data other than shipment data;

(3) pricing data;

(4) personnel data other than data relating to the qualifications of technical and professional personnel performing functions under this chapter; or

(5) research data other than data:

(A) relating to new consumable hemp products; and

(B) subject to reporting and inspection under 21 United States Code (U.S.C.) §§355, 360i, or 360j.

(d) The inspector must start and complete the inspection under subsection (b) of this section with reasonable promptness.

Instrument

§300.201. Application for License or Renewal.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.201. Application for License or Renewal.

(a) A person must hold a consumable hemp products license issued by the department before engaging in manufacturing or processing of consumable hemp products. A person must hold a wholesaler license per Texas Health and Safety Code (HSC) Chapter 431 before engaging in the distribution of consumable hemp products.

(b) A person must apply for a consumable hemp products license by submitting an application to the department for each location engaged in manufacturing or processing consumable hemp products. The application must include:

(1) a legal description of each location, including the global positioning system coordinates for the perimeter of each location:

(A) where the applicant intends to manufacture or process consumable hemp products; and

(B) where the applicant intends to store consumable hemp products;

(2) written consent from the applicant or property owner, if the applicant is not the property owner, for the department, the Department of Public Safety, Texas Alcoholic Beverage Commission, and any other state or local law enforcement agencies to enter all premises where consumable hemp is manufactured, processed, or delivered for physical inspection or to ensure compliance with this chapter; and

(3) a fingerprint-based criminal background check from each applicant at the applicant’s expense.

(c) If the applicant has been convicted of a felony relating to a controlled substance under federal law or the law of any state within 10 years before the date of application, the department must not issue a consumable hemp products license under this subchapter.

(d) If the department receives information that a license holder has been convicted of a felony relating to a controlled substance under federal law or the law of any state within 10 years before the license was issued, the department must revoke the consumable hemp products license.

(e) A person holding a consumable hemp products license under this subchapter must undergo a fingerprint-based criminal background check at the person’s own expense.

(f) Applications must contain the following information:

(1) the name of the license applicant;

(2) the business name, if different from the applicant’s name, and any other names under which the firm does business, if applicable;

(3) the mailing address of the business;

(4) the street address of the facility;

(5) the primary business contact telephone number;

(6) the personal email address of the applicant; and

(7) the email address of the business, if different than the applicant’s email address.

(g) If a person owns or operates two or more facilities, each facility must have a separate license with its own application form, listing the name and address of each facility.

(h) Applicants must submit an application for a consumable hemp products license request under this subchapter electronically through www.Texas.gov. The department is authorized to collect fees to recover costs associated with application and renewal application processing through www.Texas.gov.

(i) All fees required by the department must be submitted with the application.

(j) Applicants must provide any additional information required by the department, as specified on the application forms.

(k) The facility must display the consumable hemp products license issued by the department in an obvious and conspicuous public location.

Instrument

§300.202. License Term and Fees.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.202. License Term and Fees.

(a) A consumable hemp product license is valid for one year from the date displayed on the license and must be renewed annually. An expired license is not current or valid. A person must not process hemp or manufacture a consumable hemp product without a valid license.

(b) The department must issue and renew a license if the license holder:

(1) is eligible to obtain a license under §300.201 of this subchapter (relating to Application for License or Renewal);

(2) submits a license fee to the department;

(3) does not owe outstanding fees to the department;

(4) possesses testing results of consumable hemp products before manufacture, distribution, or sale into commerce, and provides those testing results upon department request;

(5) has not been convicted of a felony relating to a controlled substance under federal law or the law of any state in the 10 years before the date of renewal of the license;

(6) submits a complete application; and

(7) has not had a consumable hemp products license revoked for sale to a minor in the preceding five years from the date on which an application is submitted to the department.

(c) Fees.

(1) Before manufacturing or processing consumable hemp products, a license holder must pay a fee of $10,000 per facility. License renewal fees are $10,000 per facility.

(2) For each facility, a license holder must pay:

(A) a $10,000 fee for an amendment to a new license due to a change of ownership of the licensed facility; or

(B) a $125.00 fee for any amendment during the licensure period due to minor changes, such as change of location, change of name, or change of address.

(3) Fees are not prorated.

(4) A person who files a renewal application after the expiration date of the current license must pay an additional delinquency fee of $1,000.

(d) An application for an amendment of a consumable hemp product license is complete when the department has received, reviewed, and found acceptable the application information and fee required by subsection (c) of this section.

(e) An initial and renewal application for a consumable hemp product license must be processed in the following time periods:

(1) the first time period of 45 calendar days begins on the date the department receives a completed application. If the department receives an incomplete application, the period ends on the date the department issues a written notice that the application is incomplete. The department must issue the written notice within 60 calendar days after receiving the incomplete application and describe the specific information or fee required before the application is considered complete;

(2) the second time period of 45 calendar days begins on the date the department receives a completed application and ends on the date the department issues the license or issues a written notice that the application is being proposed for denial; and

(3) the third time period of 135 calendar days begins on the date the department issues the written notice to the applicant as described in paragraph (1) of this subsection. If the applicant fails to submit the requested information or fee within this period, the department considers the application withdrawn.

(f) Reimbursement of fees:

(1) in the event the application is not processed within the time periods stated in subsection (e) of this section, the applicant has the right to make a written request within 30 business days after the end of the second time period that the department shall reimburse in full the fee paid in that application process; and

(2) if the department finds that good cause does not exist for exceeding the established periods, the request shall be approved, and the department shall notify the applicant in writing of the approval of the reimbursement within 30 business days after the department's decision.

Instrument

§300.203. Access to Records.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.203. Access to Records.

(a) A person who is required to maintain records under this chapter or 21 United States Code (U.S.C.) §360i or §360j must maintain records on site for immediate inspection. Upon request by the department or the Texas Alcoholic Beverage Commission, the person must provide access to records for review or copying to verify that consumable hemp products are being produced in accordance with United States Department of Agriculture under 7 U.S.C. Chapter 38, Subchapter VII, or Texas Agriculture Code Chapter 121.

(b) A person regulated under Texas Agriculture Code Chapter 122 must provide the department with test results of hemp or hemp products upon request. These results must show that the total delta-9 tetrahydrocannabinol concentration is not more than 0.3 percent on a dry weight basis.

(c) Records described in this chapter must be maintained for a period of no less than three years after the date the records are created.

(d) A consumable hemp manufacturer or processor must maintain the following records, as applicable:

(1) certificate of analysis (COA) of raw hemp and hemp ingredients in accordance with §300.301(b)(1) - (3) and §300.301(c) of this chapter (relating to Testing Required);

(2) COA of finished hemp products by batch number;

(3) source of ingredients, including:

(A) receiving records with address and contact information from suppliers, distributors, warehouses, or any person engaged in the business of making a consumer product directly or indirectly; or

(B) licensing documentation, if applicable, from the supplier's respective hemp or food regulating authority;

(4) batch production records;

(5) recalled product information;

(6) consumer complaints;

(7) other records required by the department, including corrective action logs, destruction logs, equipment calibration records, or other accurate reproductions of the original records, or electronic records; and

(8) master production records.

(e) Records must contain actual values and observations. Records must be accurate, permanent, legible, and created concurrently with performance of the activity documented. Records can be electronic. Records must be detailed enough to provide a history of work performed, and include:

(1) the name and, if more than one, the location of the plant or facility;

(2) the date and time of the documented activity

(3) the signature or initials of the person performing the activity; and

(4) the identity of the product and the batch number.

Instrument

§300.204. Master Production Records.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.204. Master Production Records.

(a) To ensure uniformity from batch to batch, one person must prepare, date, and sign with full handwritten signature, the master production records for each consumable hemp product, including batch size. A second person must independently check, date, and sign these records. The preparation of master production and control records must be described in a written procedure that the firm must follow.

(b) Master production records must include:

(1) the name and weight or measure of each ingredient;

(2) a complete list of ingredients;

(3) a statement of any calculated excess of a by-product; and

(4) complete manufacturing instructions and specifications.

Instrument

§300.205. Batch Production Records.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.205. Batch Production Records.

Batch production records must be prepared for each batch of consumable hemp product produced and must include complete information regarding each batch. These records must include, if applicable:

(1) the appropriate master product record, checked for accuracy, dated, and signed; and

(2) documentation that each step in the manufacture, processing, packaging, or holding of the batch was accomplished, including:

(A) dates;

(B) identity of individual major equipment and lines used;

(C) weight and measure of ingredients;

(D) in-process results;

(E) laboratory control results, if applicable;

(F) inspection of the packaging and labeling area before and after use;

(G) statement of the actual yield;

(H) complete labeling records, including copies of all labeling used;

(I) any sampling performed;

(J) any investigation conducted;

(K) any destruction of tetrahydrocannabinol;

(L) any rework conducted; and

(M) certificate of analysis of hemp or hemp derivative used in the manufacture of a consumable hemp product.

Instrument

Raw Materials and Ingredients.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

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2026-11-02

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§300.206. Raw Materials and Ingredients. (a) All raw materials and ingredients must come from approved sources. (b) All raw materials and ingredients must be clearly identified to allow for appropriate traceability. Identification includes: (1) name of raw material or ingredient; (2) batch or lot number from original package; (3) date the ingredient was manufactured; (4) date the ingredient was received at the facility; (5) expiration, re-test, or use-by date; and (6) total delta-9 THC content concentration level on a dry weight basis. (c) Substances containing total delta-9 THC levels above the acceptable hemp THC level may not be transported into Texas for further processing within Texas.

Instrument

§300.207. Recalls.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.207. Recalls.

(a) Recall Procedures. All facilities engaged in the manufacture, processing, distribution, or retail sale of consumable hemp products must maintain written recall procedures. The recall procedures must describe the steps, assign responsibility, and include at a minimum:

(1) identification of recalled products;

(2) immediate removal and segregation of recalled products from sale and active inventory;

(3) return holding, or disposal of recall products; and

(4) notification to the public about any hazards presented by the product to protect public health.

(b) Recall plan. Manufacturers, distributors, or processors must establish a recall plan. The recall plan must include the following procedures:

(1) directly notify the direct consignees of the hemp product, including how to return or dispose of the affected product;

(2) notify the public about any hazards presented by the product to protect public health;

(3) conduct effectiveness checks to verify that the recall is carried out; and

(4) dispose of recalled product appropriately by reprocessing, reworking, diverting to a safe use, or destroying the product.

Instrument

§300.208. Complaints.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.208. Complaints.

(a) Each manufacturer or processor must maintain complaint files relating to product safety. Each manufacturer or processor must establish and maintain procedures for receiving, reviewing, and evaluating complaints. The procedures must ensure that:

(1) all complaints are processed in a uniform and timely manner;

(2) oral complaints are documented upon receipt; and

(3) complaints are evaluated to determine whether the complaint represents an event that must be reported to the FDA and the department.

(b) Each manufacturer or processor must review and evaluate all complaints to determine whether an investigation is necessary. All safety-related complaints must be investigated. If no investigation is made, the manufacturer or processor must maintain a record that includes the reason for not investigating and the name of the individual responsible for the decision.

(c) Any complaint about labeling or packaging not meeting specifications must be reviewed, evaluated, and investigated, unless a similar complaint has already been investigated and another investigation is not needed.

(d) The record of the investigation must include:

(1) the name of the product;

(2) the date the complaint was received;

(3) the batch number and batch date of product used;

(4) the name, address, and phone number of the complainant;

(5) the nature and details of the complaint;

(6) the dates and results of the investigation;

(7) any corrective action taken; and

(8) any reply to the complainant.

Instrument

§300.301. Testing Required.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.301. Testing Required.

(a) Before a hemp plant is processed or otherwise used in the manufacture of a consumable hemp product, a representative sample must be tested to determine:

(1) the concentration and identity of the cannabinoids, including all acids in the plant;

(2) the presence and quantity of heavy metals, pesticides, microbial contamination, and other substances prescribed by the department;

(3) the presence and concentration of d-9 THC, total d-9 THC, and total THC; and

(4) a total delta-9 tetrahydrocannabinol concentration of 0.3% or less on a dry weight basis.

(b) Before a consumable hemp product, including hemp-derived ingredients used for further processing into another consumable hemp product, is sold at retail, distributed, or otherwise introduced into commerce in this state, a representative sample must be tested to determine:

(1) the presence, concentration, and identity of cannabinoids;

(2) the presence and concentration of d-9 THC, total d-9 THC, and total THC;

(3) the presence and quantity of residual solvents, heavy metals, pesticides, and harmful pathogens; and

(4) the total delta-9 tetrahydrocannabinol concentration is 0.3% or less on a dry weight basis.

(c) A certificate of analysis (COA) documenting tests conducted under this subchapter must:

(1) be made available to the department upon request in an electronic format before manufacture, processing, or distribution into commerce; and

(2) include measurement of uncertainty analysis parameters.

(d) The COA must contain, at a minimum, the following information:

(1) laboratory name, address, and contact information;

(2) hemp cultivator, hemp processor, or hemp manufacturer’s name and address;

(3) sampler identification;

(4) sample identifying information, including matrix type;

(5) lot identification number of sample;

(6) sample received date and the dates of sample analyses and corresponding testing results;

(7) units of measure;

(8) analytical methods, analytical instrumentation used, and corresponding limits of detection (LOD) and limits of quantitation (LOQ);

(9) expiration date;

(10) QR code on the COA verifying the authenticity of testing conducted at an accredited laboratory;

(11) measurement of uncertainty analysis parameters; and

(12) results of all requested analyses performed for the sample, including percentage of delta-9 THC, total delta-9 THC, and total THC per container.

(e) It is a violation if a person forges, falsifies, or alters the results of a laboratory test authorized or required by this chapter. Consumable hemp products found in violation of this subsection must be retested and are subject to detention or embargo under Texas Health and Safety Code §431.048.

(f) Expired COAs are not valid. Consumable hemp products with expired COAs must be retested and are subject to detention or embargo under Texas Health and Safety Code §431.048.

Instrument

§300.302. Sample Analysis of Consumable Hemp Products.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.302. Sample Analysis of Consumable Hemp Products.

(a) This chapter does not apply to low-THC cannabis regulated under Texas Health and Safety Code Chapter 487.

(b) Regardless of any other law, a person must not sell, offer for sale, possess, distribute, or transport a consumable hemp product in this state if the consumable hemp product contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 United States Code (U.S.C.) Chapter 38, Subchapter VII, and:

(1) a representative sample of the consumable hemp product has been tested by an accredited laboratory and found to have a total delta-9 THC concentration of 0.3% or less on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less; and

(2) testing results are provided to the department upon request.

(c) The department must conduct random testing of consumable hemp products at various retail and other facilities that sell or distribute products to ensure the products:

(1) do not contain harmful ingredients;

(2) are produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and

(3) have a total delta-9 THC content concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less.

(d) Upon request by the department, the manufacturer, processor, distributor, or retailer of consumable hemp products must provide representative raw or finished consumable hemp product samples to the department. These samples must be provided at the licensee's or registrant’s expense.

Instrument

§300.303. Provisions Related to Testing.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

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2026-11-02

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§300.303. Provisions Related to Testing.

(a) A consumable hemp product that exceeds the acceptable hemp THC level or is adulterated in a manner harmful to human consumption must not be sold at retail or otherwise introduced into commerce in this state.

(b) A hemp manufacturer, processor, distributor, and retailer must provide the results of testing required by §300.301 of this subchapter (relating to Testing Required) to the consumer, the Texas Alcoholic Beverage Commission, and department upon request.

(c) A license holder must not use an independent testing accredited laboratory unless the license holder:

(1) has no ownership interest in the accredited laboratory; or

(2) holds 10 percent or less ownership interest in the accredited laboratory if the accredited laboratory is a publicly traded company.

(d) A manufacturer, processor, or retailer must pay the costs of raw and finished hemp product testing in an amount prescribed by the accredited laboratory selected by the license holder.

(e) The department may require that a copy of the test results be sent directly to the department.

(f) A manufacturer, processor, and retailer must retain results from samples for at least three years from the date that testing results are received.

(g) A manufacturer and processor of consumable hemp products must conduct sampling and testing using acceptance criteria determined by the department.

(h) A manufacturer, processor, and retailer must ensure all products are tested for the most current list of analytes maintained by the department.

Instrument

§300.402. Packaging and Labeling Requirements.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.402. Packaging and Labeling Requirements.

(a) All consumable hemp products marketed as containing cannabinoids must, in addition to the requirements of §300.102 of this chapter (relating to Applicability of Other Rules and Regulations), be labeled in the manner provided by this section with the following information:

(1) batch number;

(2) batch date;

(3) product name;

(4) name of the product’s manufacturer or processor;

(5) telephone number and email address of manufacturer or processor;

(6) a uniform resource locator (URL) that provides or links to a certificate of analysis (COA) for the product or each hemp-derived ingredient of the product, including the amount of cannabinoid in each serving or unit of the product, the amount of total THC, and total delta-9 THC. The URL must:

(A) be conspicuously marked; and

(B) directly link to a webpage where the required COA may be found in three or fewer steps; and

(7) recommended serving size in milligrams and servings per container.

(b) Labels must include the following specific warnings:

(1) keep out of reach of children;

(2) product may contain tetrahydrocannabinol (THC) and can cause a user to fail a drug test;

(3) all THCs have psychoactive properties;

(4) pregnant or nursing women should consult a healthcare provider before use; and

(5) this product has not been evaluated by the FDA.

(c) The label required by this section must appear on the outer packaging of each product intended for individual retail sale.

Instrument

§300.403. Retail Sale of Out-Of-State Consumable Hemp Products.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.403. Retail Sale of Out-Of-State Consumable Hemp Products.

A person selling consumable hemp products in Texas, that are processed or manufactured outside of Texas must comply with this chapter, and upon request, submit to the department evidence that the products were processed or manufactured in another state or a foreign jurisdiction in compliance with:

(1) a state or tribal or jurisdiction's plan approved by the United States Department of Agriculture under 7 United States Code (U.S.C.) §1639p;

(2) a plan established under 7 U.S.C. §1639q if that plan applies to the state or jurisdiction; or

(3) the laws of a foreign jurisdiction if the products are tested in accordance with §300.301 of this chapter (relating to Testing Required), comply with acceptable hemp THC levels, and comply with federal regulations.

Instrument

Transportation and Exportation of Consumable Hemp Products

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

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2026-11-02

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§300.404. Transportation and Exportation of Consumable Hemp Products Out of State. Consumable hemp products may be legally transported across state lines and exported to foreign jurisdictions in a manner consistent with federal law and the laws of respective foreign jurisdictions. Substances containing total delta-9 THC levels above the acceptable hemp THC level may not be transported into Texas for further processing within Texas.

Instrument

§300.405. Packaging Requirements.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.405. Packaging Requirements.

Before selling or distributing a consumable hemp product, the product must be prepackaged or, at the time of sale, placed in packaging or a container that is:

(1) tamper-evident;

(2) child resistant; and

(3) resealable, if the product contains multiple servings or includes multiple products purchased in one transaction, while keeping the child-resistant mechanism intact.

Instrument

§300.406. Packaging and Labeling Control.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.406. Packaging and Labeling Control.

(a) There must be clear written procedures describing in sufficient detail the process for receipt, identification, storage, handling, and examination of labeling and packaging materials.

(b) Labeling and packaging materials must be examined upon receipt and before use in packaging or labeling of a consumable hemp product. All labels and packaging material meeting appropriate written criteria must be approved by a qualified individual as defined in 25 TAC §229.211(54) (relating to Definitions) and released for use. Any labeling or packaging materials that do not meet such criteria must be rejected to prevent use in unsuitable operations.

(c) Records must be maintained for each shipment received of each different labeling and packaging material indicating receipt, examination, and whether accepted or rejected.

(d) Obsolete or rejected labeling and other packaging must be destroyed.

(e) Labeling materials issued for a batch must be carefully examined for identity and conformity to the labeling specified in the master production records.

(f) Labeling not currently being applied must be stored in a manner to prevent mix-ups with active labeling and ensure appropriate use.

Instrument

Misleading Consumable Hemp Packaging.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

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2026-11-02

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§300.407. Misleading Consumable Hemp Packaging. A person must not sell or offer for sale a consumable hemp product that contains or is marketed as containing hemp-derived cannabinoids in a package that depicts any statement, artwork, or design that would likely mislead a person to believe: (1) the package does not contain a hemp-derived cannabinoid; or (2) the product is intended for medical use.

Instrument

§300.501. Registration Required for Retailers of Certain Products.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.501. Registration Required for Retailers of Certain Products.

(a) This chapter does not apply to:

(1) low-THC cannabis regulated under Texas Health and Safety Code Chapter 487; or

(2) products approved by the FDA, or recognized by the FDA under 21 Code of Federal Regulations Part 182, Substances Generally Recognized as Safe (GRAS).

(b) A person must not sell consumable hemp products at retail in Texas unless the person registers each location with the department. This includes any location owned, operated, or controlled by the person where consumable hemp products are sold.

(c) A person is not required to register with the department under subsection (b) of this section if the person is:

(1) an employee of a registrant; or

(2) an independent contractor of a registrant who sells the registrant’s products at retail.

Instrument

§300.502. Application.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.502. Application.

(a) A person must register under this subchapter by submitting an application in the manner prescribed by the department.

(b) The owner, operator, or owner designee must submit an application that contains the following information:

(1) the name under which the business is operated;

(2) the mailing address of the facility;

(3) the street address of each location;

(4) the primary business contact telephone number;

(5) the phone number for each location;

(6) the primary business email address; and

(7) the written consent from the applicant or property owner, if the applicant is not the property owner, for the department, Department of Public Safety, Texas Alcoholic Beverage Commission, and other state or local law enforcement agencies to enter all premises where consumable hemp is manufactured, processed, sold, or delivered for physical inspection or to ensure compliance with this chapter.

(c) A retail hemp registration is valid for one year from the date displayed on the registration and must be renewed annually. An expired registration is not current or valid. A person must not sell at retail or offer to sell a consumable hemp product without a valid registration.

(d) An initial and renewal application for a retail hemp registration must be processed in the following time periods.

(1) The first time period of 45 calendar days begins on the date the department receives a completed application. If the department receives an incomplete application, the period ends on the date the department issues a written notice that the application is incomplete. The department must issue the written notice within 60 calendar days after receiving the incomplete application and describe the specific information or fee required before the application is considered complete.

(2) The second time period of 45 calendar days begins on the date the department receives a completed application and ends on the date the department issues the license or issues a written notice that the application is being proposed for denial.

(3) The third time period of 135 calendar days begins on the date the department issues the written notice to the applicant as described in paragraph (1) of this subsection. If the applicant fails to submit the requested information or fee within this period, the department considers the application withdrawn.

(e) Proof of registration from the department must be prominently displayed in a conspicuous location visible to the public.

(f) Applicants must submit an application for registration electronically through www.Texas.gov.

(g) All fees required by the department must be submitted with the application.

(1) A retail hemp registration or renewal fee of $5,000 for each location is required before the sale of consumable hemp product.

(2) A person who files a renewal application after the expiration date of the current registration must pay an additional delinquency fee of $1,000.

(3) A $125 fee is required for any amendment during the registration period due to minor changes, such as change of location, change of name, or change of address.

(4) Fees are not prorated.

(h) Reimbursement of fees:

(1) in the event the application is not processed within the time periods stated in subsection (d) of this section, the applicant has the right to make a written request within 30 business days after the end of the second time period that the department reimburse in full the fee paid in that application process; and

(2) if the department finds that good cause does not exist for exceeding the established periods, the request shall be approved, and the department shall notify the applicant in writing of the approval of the reimbursement within 30 business days after the department's decision.

Instrument

§300.601. Violation of Department License or Registration Requirement.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.601. Violation of Department License or Registration Requirement.

(a) A person commits a violation if the person manufactures, processes, distributes, sells, or otherwise introduces a consumable hemp product into commerce without a license or registration required by the department under:

(1) §300.201 of this chapter (relating to Application for License or Renewal) for manufacturing, processing, or distribution of consumable hemp products; or

(2) §300.502 of this chapter (relating to Application) for the retail sale of consumable hemp products.

(b) Each day a violation continues or occurs counts as a separate violation when calculating an administrative penalty.

Instrument

Prohibited Acts.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

Retrieved

2026-11-02

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§300.602. Prohibited Acts. The following acts, and the causing of the following acts, within Texas are unlawful and prohibited: (1) introducing hemp-derived cannabinoids into commerce that do not conform to the provisions of this chapter; (2) engaging in the packaging or labeling of packaged consumable hemp products if there is affixed to the consumable hemp product a label that does not conform to the provisions of this chapter; (3) refusing to permit the following: (A) entry or inspection; (B) taking of a sample; (C) access to or copying of any record as authorized by Texas Health and Safety Code §431 and this chapter; or (D) photography for inspection purposes; and (4) refusing to permit inspection, which includes impeding the inspection, aggressive behaviors, using foul language, or exhibiting threatening behavior.

Instrument

§300.603. Detained or Embargoed Article.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.603. Detained or Embargoed Article.

The department must attach a tag or other appropriate marking to an article that is a food, drug, device, cosmetic, or consumer commodity that gives notice that the article is, or is suspected of being, adulterated or misbranded. The department tags or marks any detained or embargoed article if the department finds or has probable cause to believe the article:

(1) is adulterated;

(2) is misbranded so that the article is dangerous or fraudulent under this chapter; or

(3) is in violation of Texas Health and Safety Code §431.084, §431.114, or §431.115.

Instrument

Destruction of Article.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

Retrieved

2026-11-02

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§300.604. Destruction of Article. (a) The department may request court-ordered destruction of a sampled, detained, or embargoed consumable hemp product if the department finds the article is misbranded or adulterated. (b) After entry of the court's order, an authorized agent must supervise the destruction of the article. (c) The claimant of the article must pay the cost of the destruction of the article. (d) If the article is being destroyed in whole or in part due to THC content that meets the definition of a controlled substance, the department may refer to the appropriate law enforcement agency. The article must be destroyed per department specifications and documented as such, unless law enforcement communicates an intent to use the article for evidence.

Instrument

Correction By Proper Labeling or Processing.

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

Retrieved

2026-11-02

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§300.605. Correction By Proper Labeling or Processing. (a) A court may order the delivery of a sampled article or a detained or embargoed article that is adulterated or misbranded to the claimant of the article for labeling or processing under the supervision of the department if: (1) the decree has been entered in the suit; (2) the costs, fees, and expenses of the suit have been paid; and (3) the adulteration or misbranding can be corrected by proper labeling or processing. (b) The claimant must pay the costs of department supervision.

Instrument

§300.606. Administrative Penalty.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.606. Administrative Penalty.

(a) The department may impose an administrative penalty against a person who violates this chapter.

(b) The department must notify a retailer of consumable hemp products of a potential violation and provide the registrant an opportunity to resolve unintentional or negligent violations after being notified by the department.

(c) The department assesses administrative penalties based upon one or more of the following criteria:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the history of previous violations;

(3) the amount necessary to deter future violations;

(4) the efforts to correct the violation; and

(5) any other matter that justice may require in relation to the violation.

(d) If the department determines that a violation has occurred, the department must issue a notice of violation. The notice must state the facts on which the determination is based. The notice must include an assessment of the penalty.

(e) The notice of violation must be in writing and be sent to the license holder or registrant by certified mail. The notice must include a summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person of a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(f) Within 20 business days after the date the person receives the notice of violation, the person in writing may accept the determination and recommended penalty of the department or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(g) If the person accepts the determination and recommended penalty, the department issues an order imposing the recommended penalty.

(h) If the person charged with the violation does not respond in writing within 20 business days after the date the person receives the notice of violation, the department may determine that a violation occurred and assesses the penalty. The department must issue an order requiring that the person pay the penalty.

(i) If the person requests a hearing, the department refers the matter to the State Office of Administrative Hearings.

Instrument

§300.701. Restriction on Sale to Minors.

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-02

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§300.701. Restriction on Sale to Minors.

(a) A person is prohibited from delivering, selling, or offering to sell a consumable hemp product to a minor.

(b) A person who sells CHP must verify each purchaser’s age by reviewing a valid proof of identification before completing the sale of any CHP.

(c) A valid proof of identification may include a driver’s license issued by Texas or another state, a passport, or an identification card issued by a state or government agency. A valid proof of identification must meet the following criteria:

(1) include a physical description and a photograph that matches the person’s appearance;

(2) provide the individual’s date of birth;

(3) be issued by a government agency; and

(4) is not expired.

Instrument

Grounds for Consumable Hemp License or Retail Hemp

Source

https://www.dshs.texas.gov/sites/default/files/hemp/pdf/dshs-26-0009-manufacture-distribution-and-retail-sale-of-consumable-hemp-products-attachment-2-rule.pdf

Retrieved

2026-11-02

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§300.702. Grounds for Consumable Hemp License or Retail Hemp Registration Revocation. (a) The department may, after providing an opportunity for a hearing, revoke a consumable hemp license or retail hemp registration after determining the license or registration holder, or an employee, sold, served, or delivered a consumable hemp product to a minor. (b) An exception to subsection (a) of this section exists where the minor falsely represents to be at least 21 years of age by displaying an apparently valid proof of identification. (c) The department may impose penalties and pursue additional enforcement actions as provided under Texas Health and Safety Code Chapters 431 and 443.

Instrument

Restriction on Sale to Minors; definition of minor

Source

https://www.sos.state.tx.us/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html

Retrieved

2026-11-01

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§300.701. Restriction on Sale to Minors. (a) A person is prohibited from delivering, selling, or offering to sell a consumable hemp product to a minor. (b) A person who sells CHP must verify each purchaser’s age by reviewing a valid proof of identification before completing the sale of any CHP. (c) A valid proof of identification may include a driver’s license issued by Texas or another state, a passport, or an identification card issued by a state or government agency. A valid proof of identification must meet the following criteria: (1) include a physical description and a photograph that matches the person’s appearance; (2) provide the individual’s date of birth; (3) be issued by a government agency; and (4) is not expired.

From §300.101 (Definitions): (26) Minor--A person under 21 years of age.

(Adopted rules, 25 TAC Chapter 300, filed with the Office of the Secretary of State March 2, 2026; effective date: March 31, 2026.)

Instrument

Adoption of amendment to manufacturing and processing of hemp products for smoking

Source

https://search.sos.texas.gov/texis/search/context.html?cmd=context&id=64b170f31d7&order=r&pr=sos.texas.gov&prox=page&query=ein&rdepth=0&rdfreq=500&rlead=500&rorder=500&rprox=500&rwfreq=500&sufs=0

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2026-11-02

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TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS

SUBCHAPTER A. GENERAL PROVISIONS

25 TAC §300.104
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the amendment to §300.104, concerning Manufacturing and Processing of Hemp Products for Smoking. The amendment to §300.104 is adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1513). This rule will not be republished.

BACKGROUND AND JUSTIFICATION
The amendment to §300.104 removes the prohibition of “distribution” and "retail sale" of hemp products for smoking.

House Bill 1325, 86th Legislature, Regular Session, 2019, established Texas Health and Safety Code, Chapter 443, Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). Texas Health and Safety Code §443.204(4) prohibits "the processing or manufacturing of a consumable hemp product for smoking."
On June 24, 2022, as a result of Texas Dep't of State Health Servs. v. Crown Distrib. LLC, 647 S.W.3d 648 (Tex.2022), the Texas Supreme Court upheld the ban on the manufacturing and processing of consumable hemp products for smoking within the state of Texas. The amendment complies with the ruling in Texas Dep't of State Health Servs. v. Crown Distrib. LLC and Texas Health and Safety Code §443.204(4).

COMMENTS

The 31-day comment period ended on Monday, April 17, 2023.
During this period, DSHS did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY
The amendment is authorized by Texas Health and Safety Code, Chapter 443, which provides that the Executive Commissioner of HHSC may adopt rules for the efficient enforcement of Texas Health and Safety Code, Chapter 443; and Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services by DSHS, and for the administration of Texas Health and Safety Code, Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State on June 15, 2023.

TRD-202302165

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: July 5, 2023

Proposal publication date: March 17, 2023

For further information, please call: (512) 800-5343

Instrument

2025 annual republication of Texas schedules of controlled substances

Source

https://www.sos.state.tx.us/texreg/archive/November142025/In%20Addition/202503976-1.pdf

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2026-11-02

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PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND 
SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS 
SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE 
SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS 
SCHEDULES AND MODIFICATIONS.  
This annual publication of the Texas Schedules of Controlled Substances was 
signed by Jennifer A. Shuford, M.D., M.P.H., Commissioner of Health, and 
will take effect 21 days following publication of this notice in the Texas 
Register. 
Changes to the schedules are designated by an asterisk (*). Additional 
information can be obtained by contacting the Department of State Health 
Services, Drugs and Medical Devices Branch, P.O. Box 149347, Austin, Texas 
78714-9347. The telephone number is (512) 834-6755  
and the website address is http://www.dshs.texas.gov/dmd. 
SCHEDULES 
Nomenclature: Controlled substances listed in these schedules are included 
by whatever official, common, usual, chemical, or trade name they may be 
designated. 
SCHEDULE I 
Schedule I consists of: 
-Schedule I Opiates 
The following opiates, including their isomers, esters, ethers, salts, and salts 
of isomers, esters, and ethers, unless specifically excepted, if the existence 
of these isomers, esters, ethers, and salts are possible within the specific 
chemical designation: 
(1) Acetyl-α-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N­
phenylacetamide); 
(2) Acetylmethadol; 
(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 
(4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide) 
(Other name: acryloylfentanyl); 
(5) AH-7921 (3,4-dichloro-N-[1-(dimethylamino) 
cyclohexymethyl]benzamide); 
(6) Allylprodine; 
(7) Alphacetylmethadol (except levo-α-cetylmethadol, levo-α­
acetylmethadol, levomethadyl acetate, or LAAM); 
(8) α′-Methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N­
phenylbutanamide); 

 
 
 
 
 
 
 
 
 
(9) α-Methylfentanyl or any other derivative of fentanyl; 
(10) α-Methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl] N­
phenylpropanamide); 
(11) Benzethidine; 
(12) β-Hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N­
phenylpropanamide); 
(13) β-Hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl­
4-piperidinyl]-N-phenylpropanamide); 
(14) β-hydroxythiofentanyl (Other names: N-[1-[2-hydroxy-2-(thiophen-2­
yl)ethyl]piperidin-4-yl]-N-phenylproprionamide; N-[1-[2-hydroxy-2-(2­
thienyl)ethyl]-4-piperidnyl]-N-phenylpropanamide); 
(15) β-Methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4­
yl)propionamide); 
(16) β′-Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N,3­
diphenylpropanamide) (Other name: 3-phenylpropanoyl fentanyl); 
(17) Betaprodine; 
(18) Brorphine (1–(1–(1–(4-bromophenyl)ethyl)piperidin-4–yl)–1,3-dihydro­
2H-benzo[d]imidazol-2-one); 
*(19) Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)­
N,N-diethylethan-1-amine); 
(20) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 
(21) Clonitazene; 
*(22) Crotonyl fentanyl (Other name: (E)-N-(1-Phenethylpiperidin-4-yl)-N­
phenylbut-2-enamide); 
(23) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
Phenylcyclopentanecarboxamide);  
(24) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenylcyclopropanecarboxamide); 
(25) Diampromide; 
(26) Diethylthiambutene; 
(27) Difenoxin; 
(28) Dimenoxadol; 
(29) 2′,5′-Dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4­
yl)-N-phenylpropionamide); 
(30) Dimethylthiambutene; 
(31) Dioxaphetyl butyrate; 
(32) Dipipanone; 
(33) Ethylmethylthiambutene; 
*(34) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1­
amine (Other names: etodesnitazene; etazene); 
(35) Etonitazene; 
(36) Etoxeridine; 
(37) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4­
yl)(phenyl)carbamate); 
*(38) Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H­
benzimidazol-1-yl)ethan-1-amine); 
(39) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1­
phenethylpiperidin-4-yl)isobutyramide) (Other name: p-fluoroisobutyryl 
fentanyl); 

 
 
 
 
 
 
 
(40) 2′-Fluoro o-fluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N­
(2-fluorophenyl)propionamide) (Other name: 2′-fluoro 2-fluorofentanyl); 
(41) Furanyl fentanyl (N-(1-phenethylpiperdin-4-yl)-N-phenylfuran-2­
carboxamide); 
(42) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3­
carboxamide); 
(43) Furethidine; 
(44) Hydroxypethidine; 
(45) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenylisobutyramide); 
(46) Isotonitazene (N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H­
benzimidazol-1-yl)ethan-1-amine); 
(47) Isovaleryl fentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N­
phenylbutanamide); 
(48) Ketobemidone; 
(49) Levophenacylmorphan; 
(50) m-Fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide); 
(51) m-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1­
phenethylpiperidin-4-yl)isobutyramide); 
(52) Meprodine; 
(53) Methadol; 
(54) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N­
phenylacetamide); 
*(55) 2-Methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1­
yl)butan-1-one); 
(56) 4′-Methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N­
phenylacetamide); 
(57) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);  
(58) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N­
phenylpropanamide); 
*(59) Metodesnitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-1H­
benzimidazol-1-yl)ethan-1-amine); 
(60) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H­
benzimidazol-1-yl)ethan-1-amine); 
(61) Moramide; 
(62) Morpheridine; 
(63) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);  
(64) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine); 
(65) Noracymethadol; 
(66) Norlevorphanol; 
(67) Normethadone; 
(68) Norpipanone; 
*(69) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H­
benzimidazole (other names: N-pyrrolidino etonitazene; etonitazepyne); 
(70) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4­
yl)acetamide); 
(71) o-Fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)acrylamide); 

 
 
 
 
 
 
(72) o-Fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)butyramide) (Other name:2-fluorobutyryl fentanyl); 
(73) o-Fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide) (Other name: 2-fluorofentanyl); 
(74) o-Fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide); 
(75) o-Fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1­
phenethylpiperidin-4-yl)isobutyramide); 
(76) o-Methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin­
4-yl)acetamide) (Other name: 2-methyl acetylfentanyl); 
(77) o-Methyl methoxyacetyl fentanyl (2-methoxy-N-(2-methylphenyl)-N-(1­
phenethylpiperidin-4-yl)acetamide) (Other name: 2-methyl methoxyacetyl 
fentanyl); 
(78) p-Chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1- 
phenethylpiperidin-4-yl)isobutyramide); 
(79) p-Fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin­
4-yl)butyramide); 
(80) p-Fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4 piperidinyl] 
propanamide); 
(81) p-Fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin­
4-yl)furan-2-carboxamide); 
(82) p-Methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-
phenethylpiperidin-4-yl)butyramide; 
(83) p-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1­
phenethylpiperidin-4-yl)furan-2-carboxamide); 
(84) p-Methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-(1­
phenethylpiperidin-4-yl)cyclopropanecarboxamide); 
(85) p-Methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide) (Other name: 4-methylfentanyl); 
(86) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); 
(87) Phenadoxone; 
(88) Phenampromide; 
(89) Phencyclidine; 
(90) Phenomorphan; 
(91) Phenoperidine; 
(92) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide) 
(Other name: benzoyl fentanyl); 
(93) Piritramide; 
(94) Proheptazine; 
(95) Properidine; 
(96) Propiram; 
*(97) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1­
yl)ethan-1-amine (other name: protonitazene); 
(98) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenyltetrahydrofuran-2-carboxamide); 
(99) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]­
propanamide); 
(100) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenylthiophene-2-carboxamide) (Other names: 2-thiofuranyl fentanyl; 
thiophene fentanyl); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(101) Tilidine; 
(102) Trimeperidine; 
(103) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N­
methylbenzamide); 
(104) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenylpentanamide); and, 
(105) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]­
1-phenylpropan-2-ol). 
-Schedule I Opium Derivatives 
The following opium derivatives, their salts, isomers, and salts of isomers, 
unless specifically excepted, if the existence of these salts, isomers, and 
salts of isomers is possible within the specific chemical designation: 
(1) Acetorphine; 
(2) Acetyldihydrocodeine; 
(3) Benzylmorphine; 
(4) Codeine methylbromide; 
(5) Codeine-N-Oxide; 
(6) Cyprenorphine; 
(7) Desomorphine; 
(8) Dihydromorphine; 
(9) Drotebanol; 
(10) Etorphine (except hydrochloride salt); 
(11) Heroin; 
(12) Hydromorphinol; 
(13) Methyldesorphine; 
(14) Methyldihydromorphine; 
(15) Monoacetylmorphine; 
(16) Morphine methylbromide; 
(17) Morphine methylsulfonate; 
(18) Morphine-N-Oxide; 
(19) Myrophine; 
(20) Nicocodeine; 
(21) Nicomorphine; 
(22) Normorphine; 
(23) Pholcodine; and 
(24) Thebacon. 
-Schedule I Hallucinogenic Substances 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following hallucinogenic substances or that contains any of the substance's 
salts, isomers, and salts of isomers if the existence of the salts, isomers, and 
salts of isomers is possible within the specific chemical designation (for the 
purposes of this Schedule I hallucinogenic substances section only, the term 
"isomer" includes optical, positional, and geometric isomers):  

 
 
 
 
 
 
 
 
 
 
 
(1) α-Ethyltryptamine (Other names: etryptamine; Monase; α-ethyl­
1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; AET); 
 
(2) 4-Bromo-2,5-dimethoxyamphetamine (Other names: 4-bromo­
2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA); 
(3) 4-Bromo-2,5-dimethoxyphenethylamine (Other names: Nexus; 2C­
B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; α-desmethyl DOB); 
(4) 2,5-Dimethoxyamphetamine (Other names: 2,5-dimethoxy-α­
methylphenethylamine; 2,5-DMA); 
(5) 2,5-Dimethoxy-4-ethylamphetamine (Other name: DOET);  
(6) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine, its optical 
isomers, salts and salts of isomers (Other name: 2C-T-7);  
(7) 4-Methoxyamphetamine (Other names: 4-methoxy-α­
methylphenethylamine; paramethoxyamphetamine; PMA); 
(8) 5-Methoxy-3,4-methylenedioxyamphetamine (Other name: 
MMDA); 
(9) 4-Methyl-2,5-dimethoxyamphetamine (Other names: 
4-methyl-2,5-dimethoxy-α-methyl-phenethylamine; “DOM”;“STP”); 
(10) 3,4-Methylenedioxyamphetamine (Other names: MDA; Love 
Drug); 
(11) 3,4-Methylenedioxymethamphetamine (Other names: MDMA; 
MDM; Ecstasy; XTC); 
(12) 3,4-Methylenedioxy-N-ethylamphetamine (Other names: N-ethyl-
α-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA); 
(13) N-Hydroxy-3,4-methylenedioxyamphetamine (Other name: N-
hydroxy MDA); 
(14) 3,4,5-Trimethoxyamphetamine (Other name: TMA); 
(15) 5-Methoxy-N,N-dimethyltryptamine (Other names: 5-methoxy-3­
[2-(dimethylamino)ethyl]indole; 5-MeO-DMT); 
(16) α-Methyltryptamine (Other name: AMT); 
(17) Bufotenine (Other names: 3-β-Dimethylaminoethyl)-5- 
hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 
5-hydroxy-N,N-dimethyltryptamine; mappine); 
(18) Diethyltryptamine (Other names: N,N-Diethyltryptamine; DET); 
(19) Dimethyltryptamine (Other name: DMT); 
(20) 5-Methoxy-N,N-diisopropyltryptamine (Other name: 5-MeO-
DIPT); 
(21) Ibogaine (Other names: 7-Ethyl-6,6-β-7,8,9,10,12,13-octhydro­
2-methoxy-6,9-methano-5H-pyrido[1′,2′:1,2] azepino [5,4-b] indole; 
Tabernanthe iboga); 
(22) Lysergic acid diethylamide; 
(23) Marihuana, the term marihuana does not include hemp, as 
defined in Title 5, Agriculture Code, Chapter 121; 
(24) Mescaline; 
(25) Parahexyl (Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro­
6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl); 
(26) Peyote, unless unharvested and growing in its natural state, 
meaning all parts of the plant classified botanically as Lophophora williamsii 
Lemaire, whether growing or not, the seeds of the plant, an extract from a 
part of the plant, and every compound, manufacture, salt, derivative, 
mixture, or preparation of the plant, its seeds, or extracts; 

 
 
 
 
 
 
 
 
(27) N-ethyl-3-piperidyl benzilate; 
(28) N-methyl-3-piperidyl benzilate; 
(29) Psilocybin; 
(30) Psilocyn; 
(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally 
contained in a plant of the genus Cannabis (cannabis plant), except for 
tetrahydrocannabinols in hemp (as defined under Section 297A(1) of the 
Agricultural Marketing Act of 1946), as well as synthetic equivalents of the 
substances contained in the cannabis plant, or in the resinous extractives of 
such plant, and/or synthetic substances, derivatives, and their isomers with 
similar chemical structure and pharmacological activity to those substances 
contained in the plant, such as the following: 
1 cis or trans tetrahydrocannabinol, and their optical isomers; 
6 cis or trans tetrahydrocannabinol, and their optical isomers; 
3,4 cis or trans tetrahydrocannabinol, and its optical isomers;  
(Since nomenclature of these substances is not internationally 
standardized, compounds of these structures, regardless of numerical 
designation of atomic positions covered.) 
(32) Ethylamine analog of phencyclidine (Other names: 
N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; 
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE); 
(33) Pyrrolidine analog of phencyclidine (Other names: 1-(1 phenyl- 
cyclohexyl)-pyrrolidine; PCPy; PHP; rolicyclidine); 
(34) Thiophene analog of phencyclidine (Other names: 1-[1-(2­
thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; 
TCP); 
(35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (Other name: TCPy); 
(36) 4-Methylmethcathinone (Other names: 4-methyl-N­
methylcathinone; mephedrone); 
(37) 3,4-Methylenedioxypyrovalerone (Other name: MDPV); 
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other name: 2C­
E); 
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other name: 2C­
D); 
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other name: 2C­
C); 
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-I);  
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 
2C-T-2); 
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other 
name: 2C-T-4); 
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (Other name: 2C-H);  
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other name: 2C­
N); 
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other name: 
2C-P); 
(47) 3,4-Methylenedioxy-N-methylcathinone (Other name: 
Methylone); 

 
 
 
 
 
 
 
(48) (1-Pentyl-1H-indol-3-yl)(2,2,3,3­
tetramethylcyclopropyl)methanone (Other names: UR-144; 1-pentyl-3­
(2,2,3,3-tetramethylcyclopropoyl)indole); 
(49) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3­
tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144; 5-F-UR­
144; XLR11; (5-flouro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 
(50) N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other 
names: APINACA; AKB48); 
(51) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (Other names: 
PB-22; QUPIC); 
(52) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other 
names: 5-fluoro-PB-22; 5F-PB-22); 
(53) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H­
indazole-3-carboxamide (Other name: AB-FUBINACA); 
(54) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole­
3-carboxamide (Other name: ADB-PINACA); 
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2­
methoxybenzyl)ethanamine (Other names: 25I-NBOMe; 2CI-NBOMe; 25I; 
Cimbi-5); 
(56) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2­
methoxybenzyl)ethanamine (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; 
Cimbi-82); 
(57) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2­
methoxybenzyl)ethanamine (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; 
Cimbi-36); 
(58) Marihuana extract, meaning an extract containing one or more 
cannabinoids that has been derived from any plant of the genus Cannabis, 
other than separated resin (whether crude or purified) obtained from the 
plant; 
(59) 4-Methyl-N-ethylcathinone (Other name: 4-MEC); 
(60) 4-Methyl-α-pyrrolidinopropiophenone (Other name: 4-MePPP); 
(61) α-Pyrrolidinopentiophenone (Other name: [α]-PVP); 
(62) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)butan-1-one  
(Other names: butylone; bk-MBDB); 
(63) 2-(Methylamino)-1-phenylpentan-1-one (Other name: 
pentedrone); 
(64) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)pentan-1-one  
(Other names: pentylone; bk-MBDP); 
(65) 4-Fluoro-N-methylcathinone (Other names: 4-FMC; flephedrone); 
(66) 3-Fluoro-N-methylcathinone (Other name: 3-FMC); 
(67) 1-(Naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (Other 
name: naphyrone);  
(68) α-Pyrrolidinobutiophenone (Other name: α-PBP); 
(69) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H­
indazole-3-carboxamide (Other name: AB-CHMINACA);  
(70) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3­
carboxamide (Other name: AB-PINACA); 
(71) [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone 
(Other name: THJ-2201); 

 
 
 
 
 
(72) 1-Methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (Other name: 
MPTP); 
(73) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexyl­
methyl)-1H-indazole-3-carboxamide (Other names: MAB-CHMINACA; ABD­
CHMINACA); 
(74) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: 5F-ADB; 5F-MDMB-PINACA); 
(75) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3­
methylbutanoate (Other name: 5F-AMB); 
(76) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3­
carboxamide (Other names: 5F-APINACA; 5F-AKB48); 
(77) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)­
1H-indazole-3-carboxamide (Other name: ADB-FUBINACA); 
(78) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: MDMB-CHMICA; MMB-CHMINACA); 
(79) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other name: MDMB-FUBINACA); 
(80) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3­
methylbutanoate (Other names: FUB-AMB; MMB-FUBINACA; AMB­
FUBINACA); 
(81) Naphthalen-1-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate 
(Other names: NM2201; CBL2201); 
(82) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H­
indazole-3-carboxamide (Other name: 5F-AB-PINACA); 
(83) 1-(4-Cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3­
carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL­
BUTINACA; 4-CN-CUMYL-BINACA; CUMYL-4CN-BINACA; SGT-78); 
(84) Methyl 2-(1-(Cyclohexylmethyl)-1H-indole-3-carboxamido)-3­
methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA); 
(85) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3­
b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA); 
(86) 1-(1,3-Benzodioxol-5-yl)-2-(ethylamino)pentan-1-one (Other 
names: N-ethylpentylone; ephylone); 
(87) Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate) (Other names: 4F-MDMB-BINACA; 4F-MDMB­
BUTINACA); 
(88) 1-(4-Methoxyphenyl)-N-methylpropan-2-amine (Other names: p­
methoxymethamphetamine; PMMA);  
(89) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other name: 5F-EDMB-PINACA);  
(90) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: 5F-MDMB-PICA; 5F-MDMB-2201); 
(91) N-(Adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3­
carboxamide (Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4­
fluorobenzyl)); 
(92) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3­
carboxamide (Other names: 5F-CUMYL-PINACA; SGT-25); 
(93) (1-(4-Fluorobenzyl)-1H-indol-3-yl)(2,2,3,3­
tetramethylcyclopropyl)methanone (Other name: FUB-144);  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(94) N-Ethylhexedrone (Other name: 2-(ethylamino)-1-phenylhexan­
1-one); 
(95) α-Pyrrolidinohexanophenone (Other names: α-PHP; α­
pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one); 
 
(96) 4-Methyl-α-ethylaminopentiophenone (Other names: 4–MEAP; 2­
(ethylamino)-1-(4-methylphenyl)pentan-1-one); 
(97) 4′-Methyl-α-pyrrolidinohexiophenone (Other names: MPHP; 4′­
methyl-α-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1­
yl)hexan-1-one); 
(98) α-Pyrrolidinoheptaphenone (Other names: PV8; 1-phenyl-2­
(pyrrolidin-1-yl)heptan-1-one); 
(99) 4′-Chloro-α-pyrrolidinovalerophenone (Other names: 4-chloro-α­
PVP; 4′-chloro-α-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2­
(pyrrolidin-1-yl)pentan-1-one); 
 
(100) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (Other 
names: methoxetamine; MXE); and, 
 
(101) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (Other 
names: eutylone; bk-EBDB). 
-Schedule I Depressants 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following substances having a depressant effect on the central nervous 
system, including the substance's salts, isomers, and salts of isomers if the 
existence of the salts, isomers, and salts of isomers is possible within the 
specific chemical designation: 
(1) Gamma-hydroxybutyric acid (Other names: GHB; gamma­
hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium 
oxybate; sodium oxybutyrate); 
(2) Mecloqualone; and
 
(3) Methaqualone. 
-Schedule I Stimulants 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following substances having a stimulant effect on the central nervous 
system, including the substance's salts, isomers, and salts of isomers if the 
existence of the salts, isomers, and salts of isomers is possible within the 
specific chemical designation: 
(1) Amineptine 7-((10,11-dihydro-5H-dibenzo(a,d)cyclohepten-5­
yl)amino)heptanoic acid; 
(2) Aminorex (Other names: aminoxaphen; 2-amino-5-phenyl-2­
oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(3) N-Benzylpiperazine (Other names: BZP; 1-benzylpiperazine), its 
optical isomers, salts and salts of isomers; 
(4) Cathinone (Other names: 2-amino-1-phenyl-1-propanone; α­
aminopropiophenone; 2-aminopropiophenone; norephedrone); 
 
(5) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4­
methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro­
1,3-oxazol-2-amine); 
*(6) Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate); 
(7) Fenethylline; 
(8) Methcathinone (Other names: 2-(methylamino)-propiophenone; α­
(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; α­
N-methylaminopropiophenone; monomethylpropion; ephedrone; N­
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; UR1432);  
(9) Mesocarb N-phenyl-N’–(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol­
3-ium-5-yl)carbamimidate);
 
(10) Methiopropamine N-methyl-1-(thiophen-2yl)propan-2-amine; 
(11) 4-Methylaminorex (Other names: U4Euh; McN-422); 
(12) N-Ethylamphetamine; and 
(13) N,N-Dimethylamphetamine (Other names: N,N-α­
trimethylbenzene-ethaneamine; N,N-α-trimethylphenethylamine). 
-Schedule I Cannabimimetic Agents 
Unless specifically exempted or unless listed in another schedule, any 
material, compound, mixture, or preparation which contains any quantity of 
cannabimimetic agents, or which contains their salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of isomers 
is possible within the specific chemical designation: 
(1) The term 'cannabimimetic agents' means any substance that is a 
cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by 
binding studies and functional assays within any of the following structural 
classes:
 
 
(1-1) 2-(3-Hydroxycyclohexyl)phenol with substitution at the 
5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted 
on the cyclohexyl ring to any extent; 
(1–2) 3-(1-Naphthoyl)indole or 3-(1-naphthylmethane)indole 
by substitution at the nitrogen atom of the indole ring, whether or not 
further substituted on the indole ring to any extent, whether or not 
substituted on the naphthoyl or naphthyl ring to any extent; 
(1–3) 3-(1-Naphthoyl)pyrrole by substitution at the nitrogen 
atom of the pyrrole ring, whether or not further substituted in the pyrrole 
ring to any extent, whether or not substituted on the naphthoyl ring to any 
extent; 
(1–4) 1-(1-Naphthylmethylene)indene by substitution of the 
3-position of the indene ring, whether or not further substituted in the 
indene ring to any extent, whether or not substituted on the naphthyl ring to 
any extent; and, 
(1-5) 3-Phenylacetylindole or 3-benzoylindole by substitution 
at the nitrogen atom of the indole ring, whether or not further substituted in 

 
 
        
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the indole ring to any extent, whether or not substituted on the phenyl ring 
to any extent. 
(2) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
(Other name: CP-47,497); 
 
(3) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
(Other names: cannabicyclohexanol, CP-47,497 C8 homolog); 
(4) 1-Pentyl-3-(1-naphthoyl)indole (Other names: JWH-018; 
AM678); 
(5) 1-Butyl-3-(1-naphthoyl)indole (Other name: JWH-073); 
(6) 1-Hexyl-3-(1-naphthoyl)indole (Other name: JWH-019); 
(7) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (Other name: 
JWH-200); 
(8) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (Other name: JWH­
250); 
(9) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (Other name: JWH­
081); 
(10) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (Other name: JWH­
122); 
(11) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (Other name: JWH­
398); 
(12) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (Other name: 
AM2201); 
(13) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (Other name: 
AM694); 
(14) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (Other names: SR-19, 
RCS-4); 
(15) 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (Other 
names: SR-18;RCS-8); and 
(16) 1-Pentyl-3-(2-chlorophenylacetyl)indole (Other name: JWH- 
203). 
-Schedule I Temporarily Listed Substances Subject to Emergency 
Scheduling by the U.S. Drug Enforcement Administration 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following substances or that contains any of the substance's isomers, esters, 
ethers, salts and salts of isomers, esters, and ethers if the existence of the 
salts, esters, ethers isomers, and salts of isomers, esters, ethers is possible 
within the specific chemical designation:  
(1) Fentanyl-related substances. 
(1-1) Fentanyl-related substance means any substance not 
otherwise listed under another Administration Controlled Substance Code 
Number, and for which no exemption or approval is in effect under Section 
505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355], that is 
structurally related to fentanyl by one or more of the following modifications: 
(1-1-1) Replacement of the phenyl portion of the 
phenethyl group by any monocycle, whether or not further substituted in or 
on the monocycle, 

 
                   
                    
 
                   
                    
 
 
 
 
 
       (1-1-2) Substitution in or on the phenethyl group with 
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups, 
      (1-1-3) Substitution in or on the piperidine ring with alkyl, 
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro 
groups,
       (1-1-4) Replacement of the aniline ring with any aromatic 
monocycle whether or not further substituted in or on the aromatic 
monocycle, and/or 
(1-1-5) Replacement of the N-propionyl group by another 
acyl group. 
(1–2) This definition includes, but is not limited to, the following 
substances: 
(1-2-1) N-(1-(2-Fluorophenethyl)piperidin-4- 
yl)-N-(2-fluorophenyl)propionamide (Other name: 2′-fluoro-o­
fluorofentanyl); 
(1-2-2) N-(2-Methylphenyl)-N-(1-
phenethylpiperidin-4-yl)acetamide (Other name:o-methyl acetylfentanyl); 
(1-2-3) N-(1-Phenethylpiperidin-4-yl)-N,3­
diphenylpropanamide (Other names: β′-phenyl fentanyl; hydrocinnamoyl 
fentanyl); and, 
(1-2-4) N-(1-Phenethylpiperidin-4-yl)-N-phenylthiophene­
2-carboxamide (Other name: thiofuranyl fentanyl).  
(2) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2­
f][1,2,4]triazolo[4,3-α][1,4]diazepine (Other name: etizolam); 
 
(3) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H­
benzo[f][1,2,4]triazolo[4,3-α][1,4]diazepine (Other name: flualprazolam); 
 
(4) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H­
benzo[f][1,2,4]triazolo[4,3-α][1,4]diazepine (Other name: clonazolam); 
 
(5) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H­
benzo[f][1,2,4]triazolo[4,3-α][1,4]diazepine (Other names: 8-bromo-6-(2­
fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-α][1,4]benzodiazepine and 
flubromazolam); 
 
(6) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H­
benzo[e][1,4]diazepin-2-one (Other name: diclazepam); 
 
(7) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3­
carboxamido)butanoate (Other name: MDMB–4en–PINACA); 
(8) Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3­
dimethyl-butanoate (Other names: 4F–MDMB–BUTICA; 4F–MDMB–BICA); 
(9) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H­
indazole-3-carboxamide (Other name: ADB–4en–PINACA); 
 
(10) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one (Other 
names: CUMYL–PEGACLONE; SGT–151); 
 
(11) Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3­
dimethyl-butanoate (Other names: 5F–EDMB–PICA; 5F–EDMB–2201); 
 
(12) Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl 
butanoate (Other name: MMB–FUBICA); 
*(13) N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1­
yl)ethan-1-amine (Other name: N-desethyl isotonitazene); and 
 
*(14) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1H­
benzimidazole (Other names: N-piperidinyl etonitazene; etonitazepipne). 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE II 
Schedule II consists of: 
-Schedule II Substances, Vegetable Origin or Chemical Synthesis 
The following substances, however produced, except those narcotic drugs 
listed in other schedules: 
(1) Opium and opiate, and a salt, compound, derivative, or 
preparation of opium or opiate, other than thebaine-derived butorphanol, 
naldemedine, nalmefene, naloxegol, naloxone, 6β-naltrexol, naltrexone, and 
samidorphan and their respective salts, but including: 
(1-1) Codeine (Other names: Morphine methyl ester; methyl 
morphine); 
(1–2) Dihydroetorphine (Other name: DHE); 
(1–3) Ethylmorphine (Other name: Dionin); 
(1–4) Etorphine hydrochloride (Other names: Etorphine HCl; 
M99); 
(1-5) Granulated opium; 
(1-6) Hydrocodone (Other name: dihydrocodeinone); 
(1–7) Hydromorphone (Other names: Dilaudid; 
dihydromophinone); 
(1–8) Metopon; 
(1-9) Morphine (Other names: MS Contin; Roxanol; Oramorph; 
RMS; MSIR); 
 
(1-10) Noroxymorphone; 
(1-11) Opium extracts; 
(1-12) Opium fluid extracts;
 
(1-13) Oripavine; 
(1-14) Oxycodone (Other names: OxyContin; Percocet; Endocet; 
Roxicodone; Roxicet); 
(1-15) Oxymorphone (Other name: Numorphan); 
(1-16) Powdered opium; 
(1-17) Raw opium (Other name: gum opium); 
(1-18) Thebaine; and 
(1-19) Tincture of opium (Other name: Laudanum). 
(2) A salt, compound, isomer, derivative, or preparation of a 
substance that is chemically equivalent or identical to a substance described 
by paragraph (1) of Schedule II substances, vegetable origin or chemical 
synthesis, other than the isoquinoline alkaloids of opium; 
(3) Opium poppy and poppy straw; 
(4) Cocaine, including: 
(4-1) its salts, its optical, positional, and geometric isomers, and 
the salts of those isomers;  
(4-2) Coca leaves and any salt, compound, derivative, or 
preparation of coca leaves and ecgonine and their salts, isomers, derivatives 
and salts of isomers and derivatives and any salt, compound derivative or 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
preparation thereof which is chemically equivalent or identical to a substance 
described by this paragraph, except that the substances shall not include:
 
 
 
(4-2-1) Decocainized coca leaves or extractions of coca 
leaves which extractions do not contain cocaine or ecgonine; or  
 
 
 
(4-2-2) Ioflupane. 
(5) Concentrate of poppy straw, meaning the crude extract of poppy 
straw in liquid, solid, or powder form that contains the phenanthrene 
alkaloids of the opium poppy. 
-Schedule II Opiates   
The following opiates, including their isomers, esters, ethers, salts, and salts 
of isomers, if the existence of these isomers, esters, ethers, and salts is 
possible within the specific chemical designation: 
(1) Alfentanil (Other name: Alfenta); 
(2) Alphaprodine (Other name: Nisentil); 
(3) Anileridine (Other name: Leritine); 
(4) Bezitramide (Other name: Burgodin); 
(5) Carfentanil (Other name: Wildnil); 
(6) Dextropropoxyphene, bulk (nondosage form) (Other name: 
Propoxyphene); 
(7) Dihydrocodeine (Other names: Didrate; Parzone); 
(8) Diphenoxylate; 
(9) Fentanyl (Other names: Duragesic; Oralet; Actiq; Sublimaze; 
Innovar); 
(10) Isomethadone (Other name: Isoamidone); 
(11) Levo-alphacetylmethadol (Other names: levo-α-acetylmethadol; 
levomethadyl acetate, LAAM); 
(12) Levomethorphan; 
(13) Levorphanol; 
(14) Metazocine; 
(15) Methadone (Other names: Dolophine; Methadose; Amidone); 
(16) Methadone Intermediate (Other name: 4-cyano-2­
dimethylamino-4,4-diphenyl butane); 
(17) Moramide Intermediate (Other name: 2-methyl-3-morpholino­
1,1-diphenylpropane-carboxylic acid);  
(18) Oliceridine (Other name: N-[(3-methoxythiophen-2-yl)methyl] 
({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine 
fumarate); 
(19) Pethidine (meperidine); 
(20) Pethidine Intermediate-A (Other name: 4-cyano-1-methyl-4­
phenylpiperidine); 
(21) Pethidine Intermediate-B (Other name: ethyl-4-phenylpiperidine­
4-carboxylate); 
(22) Pethidine Intermediate-C (Other name: 1-methyl-4­
phenylpiperidine-4-carboxylic acid); 
(23) Phenazocine (Other names: Narphen; Prinadol); 
(24) Piminodine;
 
(25) Racemethorphan; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(26) Racemorphan (Other name: Dromoran); 
(27) Remifentanil (Other name: Ultiva); 
(28) Sufentanil (Other name: Sufenta; 
(29) Tapentadol; and 
(30) Thiafentanil (Other name: methyl 4-(2-methoxy-N­
phenylacetamido)-1-(2-(thiophen-2-yl)ethyl)piperidine-4-carboxylate). 
-Schedule II Stimulants 
Unless listed in another schedule and except as provided by the Texas 
Controlled Substances Act, Health and Safety Code, Section 481.033, a 
material, compound, mixture, or preparation that contains any quantity of 
the following substances having a potential for abuse associated with a 
stimulant effect on the central nervous system: 
(1) Amphetamine, its salts, optical isomers, and salts of its optical 
isomers; 
(2) Methamphetamine, including its salts, optical isomers, and salts of 
optical isomers; 
(3) Methylphenidate and its salts; 
(4) Phenmetrazine and its salts; and 
(5) Lisdexamfetamine, including its salts, isomers, and salts of its 
isomers. 
-Schedule II Depressants 
Unless listed in another schedule, a material, compound, mixture, or 
preparation that contains any quantity of the following substances having a 
depressant effect on the central nervous system, including the substance's 
salts, isomers, and salts of isomers if the existence of the salts, isomers, and 
salts of isomers is possible within the specific chemical designation: 
(1) Amobarbital; 
(2) Glutethimide; 
(3) Pentobarbital; and 
(4) Secobarbital. 
-Schedule II Hallucinogenic Substances 
(1) Nabilone (Other name: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8, 
10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one); 
and 
(2) Dronabinol in oral solution in drug products approved for 
marketing by the U.S. Food and Drug Administration. 
-Schedule II Precursors 
Unless specifically excepted or listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following substances: 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
(1) Immediate precursor to methamphetamine: 
(1-1) Phenylacetone and methylamine if possessed together with 
intent to manufacture methamphetamine; 
(2) Immediate precursor to amphetamine and methamphetamine: 
 
 
(2-1) Phenylacetone (Other names: phenyl-2-propanone; P2P; 
benzyl methyl ketone; methyl benzyl ketone); 
(3) Immediate precursors to phencyclidine (PCP): 
 
 
(3-1) 1-phenylcyclohexylamine; 
(3-2) 1-piperidinocyclohexanecarbonitrile (PCC); and 
(4) Immediate precursor to fentanyl: 
 
 
(4-1) 4-anilino-N-phenethylpiperidine (ANPP). 
SCHEDULE III 
Schedule III consists of: 
-Schedule III Depressants  
Unless listed in another schedule and except as provided by the Texas 
Controlled Substances Act, Health and Safety Code, Section 481.033, a 
material, compound, mixture, or preparation that contains any quantity of 
the following substances having a potential for abuse associated with a 
depressant effect on the central nervous system: 
(1) A compound, mixture, or preparation containing amobarbital, 
secobarbital, pentobarbital, or any of their salts and one or more active 
medicinal ingredients that are not listed in a schedule; 
(2) A suppository dosage form containing amobarbital, secobarbital, 
pentobarbital, or any of their salts and approved by the U.S. Food and Drug 
Administration for marketing only as a suppository; 
(3) A substance that contains any quantity of a derivative of barbituric 
acid, or any salt of a derivative of barbituric acid, except those substances 
that are specifically listed in other schedules; 
(4) Chlorhexadol; 
(5) Any drug product containing gamma hydroxybutyric acid, including 
its salts, isomers, and salts of isomers, for which an application is approved 
under Section 505 of the Federal Food Drug and Cosmetic Act. 
(6) Ketamine, its salts, isomers, and salts of isomers. Some other 
names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)­
cyclohexanone;  
(7) Lysergic acid; 
(8) Lysergic acid amide; 
(9) Methyprylon; 
(10) Perampanel, and its salts, isomers, and salts of isomers;  
(11) Sulfondiethylmethane; 
(12) Sulfonethylmethane; 
(13) Sulfonmethane; and, 
(14) Tiletamine and zolazepam or any salt thereof (Other name for a 
tiletamine zolazepam combination product: Telazol. Other name for 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
tiletamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone. Other name for 
zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8 trimethyl-pyrazolo[3,4­
e][1,4] diazepin-7(1H)-one, flupyrazapon.) 
-Schedule III 
(1) Nalorphine. 
-Schedule III Narcotics 
Unless specifically excepted or unless listed in another schedule:  
(1) A material, compound, mixture, or preparation containing limited 
quantities of any of the following narcotic drugs, or any of their salts: 
(1-1) not more than 1.8 grams of codeine, or any of its salts, per 
100 milliliters or not more than 90 milligrams per dosage unit, with an 
equal or greater quantity of an isoquinoline alkaloid of opium; 
(1–2) not more than 1.8 grams of codeine, or any of its salts, per 
100 milliliters or not more than 90 milligrams per dosage unit, with 
one or more active, nonnarcotic ingredients in recognized therapeutic 
amounts; 
(1–3) not more than 1.8 grams of dihydrocodeine, or any of its 
salts, per 100 milliliters or not more than 90 milligrams per dosage unit, 
with one or more active, nonnarcotic ingredients in recognized therapeutic 
amounts; 
(1–4) not more than 300 milligrams of ethylmorphine, or any of 
its salts, per 100 milliliters or not more than 15 milligrams per dosage 
unit, with one or more active, non-narcotic ingredients in recognized 
therapeutic amounts; 
(1-5) not more than 500 milligrams of opium per 100 milliliters 
or per 100 grams, or not more than 25 milligrams per dosage unit, 
with one or more active, nonnarcotic ingredients in recognized 
therapeutic amounts; 
(1-6) not more than 50 milligrams of morphine, or any of its 
salts, per 100 milliliters or per 100 grams with one or more active, 
nonnarcotic ingredients in recognized therapeutic amounts; and  
(2) any material, compound, mixture, or preparation containing any of 
the following narcotic drugs or their salts: 
 
 
(2-1) Buprenorphine. 
-Schedule III Stimulants 
Unless listed in another schedule, a material, compound, mixture, or 
preparation that contains any quantity of the following substances having a 
stimulant effect on the central nervous system, including the substance's 
salts, optical, positional, or geometric isomers, and salts of the substance's 
isomers, if the existence of the salts, isomers, and salts of isomers is 
possible within the specific chemical designation: 
(1) Benzphetamine; 

 
 
 
 
 
 
 
 
  
 
(2) Chlorphentermine; 
(3) Clortermine; and 
(4) Phendimetrazine. 
-Schedule III Anabolic Steroids and Hormones 
Anabolic steroids. Unless specifically excepted or unless listed in another 
schedule, any substance meeting the definition of anabolic steroid as set 
forth in 21 CFR Section 1300.01, including any material, compound, mixture, 
or preparation containing any quantity of the following substances, including 
its salts, esters and ethers: 
(1) 5α-androstan-3,17-dione; 
(2) 5α-androstan-3,6,17-trione; 
(3) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene); 
(4) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene); 
(5) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);  
(6) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);  
(7) 1-androstenedione (5α-androst-1-en-3,17-dione); 
(8) 4-androstenedione (androst-4-en-3,17-dione); 
(9) 5-androstenedione (androst-5-en-3,17-dione); 
(10) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);  
(11) boldenone (17β-hydroxyandrost-1,4-diene-3-one);  
(12) boldione (androsta-1,4-diene-3,17-dione); 
(13) 6-bromo-androsta-1,4-diene-3,17-dione; 
(14) 6-bromo-androstan-3,17-dione; 
(15) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);  
(16) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; 
(17) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol; 
(18) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one;  
(19) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione;  
(20) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);  
(21) dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl­
androst-1,4-dien-3-one); 
(22) desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol) (Other 
name: madol); 
(23) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one); 
(24) Δ1-dihydrotestosterone (17β-hydroxy-5α-androst-1-en-3-one) (Other 
name: 1-testosterone); 
(25) 3β,17β-dihydroxy-5α-androstane; 
(26) 3α,17β-dihydroxy-5α-androstane; 
(27) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one; 
(28) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one); 
(29) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol; 
(30) estra-4,9,11-triene-3,17-dione;  

 
(31) 13β-ethyl-17β-hydroxygon-4-en-3-one; 
(32) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);  
(33) fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4­
en-3-one); 
(34) formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4­
dien-3-one); 
(35) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]furazan);  
(36) [3,2-c]furazan-5α-androstan-17β-ol; 
(37) 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one; 
(38) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);  
(39) 4-hydroxy-androst-4-ene-3,17-dione;  
(40) 17β-hydroxy-androstano[2,3-d]isoxazole; 
(41) 17β-hydroxy-androstano[3,2-c]isoxazole; 
(42) 3β-hydroxy-estra-4,9,11-trien-17-one; 
(43) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);  
(44) mestanolone (17α-methyl-17β-hydroxy-5α-androstan-3-one); 
(45) mesterolone (1α-methyl-17β-hydroxy-5α-androstan-3-one); 
(46) methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);  
(47) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene); 
(48) methasterone (2α,17α-dimethyl-5α-androstan-17β-ol-3-one or 2α,17α­
dimethyl-17β-hydroxy-5α-androstan-3-one); 
(49) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one); 
(50) 17α-methyl-androsta-1,4-diene-3,17β-diol; 
(51) 17α-methyl-5α-androstan-17β-ol; 
(52) 17α-methyl-androstan-3-hydroxyimine-17β-ol; 
(53) 6α-methyl-androst-4-ene-3,17-dione; 
(54) 17α-methyl-androst-2-ene-3,17β-diol; 
(55) 17α-methyl-3β,17β-dihydroxy-5α-androstane; 
(56) 17α-methyl-3α,17β-dihydroxy-5α-androstane; 
(57) 17α-methyl-3β,17β-dihydroxyandrost-4-ene; 
(58) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β­
hydroxyestr-4-en-3-one); 
(59) methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);  
(60) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α­
androst-1-en-3-one) (Other name: 17-α-methyl-1-testosterone); 
(61) methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one); 
(62) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9,11-trien-3-one);  
(63) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);  
(64) nandrolone (17β-hydroxyestr-4-en-3-one);  
(65) 19-nor-4-androstenediol (3β,17β-dihydroxyestr-4-ene); 
(66) 19-nor-4-androstenediol (3α,17β-dihydroxyestr-4-ene); 
(67) 19-nor-5-androstenediol (3β,17β-dihydroxyestr-5-ene); 
(68) 19-nor-5-androstenediol (3α,17β-dihydroxyestr-5-ene); 

 
  
 
 
 
 
  
 
 
 
 
 
(69) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); 
(70) 19-nor-4-androstenedione (estr-4-en-3,17-dione); 
(71) 19-nor-5-androstenedione (estr-5-en-3,17-dione); 
(72) norbolethone (13β,17α-diethyl-17β-hydroxygon-4-en-3-one); 
(73) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);  
(74) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);  
(75) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);  
(76) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-5α-androstan-3-one); 
(77) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);  
(78) oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-5α­
androstan-3-one); 
(79) prostanozol (17β-hydroxy-5α-androstano[3,2-c]pyrazole or [3,2­
c]pyrazole-5α-androstan-17β-ol); 
(80) [3,2-c]pyrazole-androst-4-en-17β-ol; 
(81) stanozolol (17α-methyl-17β-hydroxy-5α-androst-2-eno[3,2-c]­
pyrazole); 
(82) stenbolone (17β-hydroxy-2-methyl-5α-androst-1-en-3-one); 
(83) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic 
acid lactone); 
(84) testosterone (17β-hydroxyandrost-4-en-3-one); 
(85) tetrahydrogestrinone (13β,17α-diethyl-17β-hydroxygon-4,9,11-trien-3­
one); and 
(86) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one). 
-Schedule III Hallucinogenic Substances 
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft 
gelatin capsule in U.S. Food and Drug Administration approved drug product. 
(Some other names for dronabinol: 
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri­
methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol; (-)-∆-9­
(trans)-tetrahydrocannabinol). 
SCHEDULE IV 
Schedule IV consists of: 
-Schedule IV Depressants  
Except as provided by the Texas Controlled Substances Act, Health and 
Safety Code, Section 481.033, a material, compound, mixture, or 
preparation that contains any quantity of the following substances or any of 
the substance's salts, isomers, and salts of isomers if the existence of the 
salts, isomers, and salts of isomers is possible within the specific chemical 
designation having a potential for abuse associated with a depressant effect 
on the central nervous system: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) Alfaxalone (5α-pregnan-3α-ol-11,20-dione); 
(2) Alprazolam; 
(3) Barbital; 
(4) Brexanolone (3α-hydroxy-5α-pregnan-20-one) (Other name: 
allopregnanolone); 
(5) Bromazepam; 
(6) Camazepam;   
(7) Chloral betaine; 
(8) Chloral hydrate; 
(9) Chlordiazepoxide; 
(10) Clobazam; 
(11) Clonazepam; 
(12) Clorazepate; 
(13) Clotiazepam; 
(14) Cloxazolam; 
(15) Daridorexant; 
(16) Delorazepam; 
(17) Diazepam; 
(18) Dichloralphenazone; 
(19) Estazolam; 
(20) Ethchlorvynol;
 
(21) Ethinamate; 
(22) Ethyl loflazepate; 
(23) Fludiazepam; 
(24) Flunitrazepam; 
(25) Flurazepam; 
(26) Fospropofol;
 
(27) Halazepam; 
(28) Haloxazolam; 
(29) Ketazolam; 
(30) Lemborexant; 
(31) Loprazolam; 
(32) Lorazepam; 
(33) Lormetazepam; 
(34) Mebutamate;
 
(35) Medazepam;
 
(36) Meprobamate; 
(37) Methohexital; 
(38) Methylphenobarbital (Other name: mephobarbital);
 
(39) Midazolam; 
(40) Nimetazepam; 
(41) Nitrazepam; 
(42) Nordiazepam;
 
(43) Oxazepam; 
(44) Oxazolam; 
(45) Paraldehyde; 
(46) Petrichloral; 
(47) Phenobarbital; 
(48) Pinazepam; 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
                
 
 
  
 
(49) Prazepam; 
(50) Quazepam; 
(51) Remimazolam;
 
(52) Suvorexant; 
(53) Temazepam; 
(54) Tetrazepam; 
(55) Triazolam; 
(56) Zaleplon; 
(57) Zolpidem; 
(58) Zopiclone; and 
(59) Zuranolone. 
-Schedule IV Stimulants 
Unless listed in another schedule, a material, compound, mixture, or 
preparation that contains any quantity of the following substances having a 
stimulant effect on the central nervous system, including the substance's 
salts, optical, positional, or geometric isomers, and salts of those isomers if 
the existence of the salts, isomers, and salts of isomers is possible within the 
specific chemical designation: 
(1) Cathine [(+)-norpseudoephedrine]; 
(2) Diethylpropion; 
(3) Fencamfamin; 
(4) Fenproporex;
 
(5) Mazindol; 
(6) Mefenorex; 
(7) Modafinil; 
(8) Pemoline (including organometallic complexes and their chelates); 
(9) Phentermine; 
(10) Pipradrol; 
(11) Serdexmethylphenidate; 
(12) Sibutramine; 
(13) Solriamfetol ((R)-2-amino-3-phenylpropyl carbamate) (Other 
names: benzenepropanol; β-amino-carbamate (ester));  
and 
(14) SPA [1-dimethylamino-1,2-diphenylethane].  
-Schedule IV Narcotics 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation containing limited quantities of the 
following narcotic drugs or their salts: 
(1) Not more than 1 milligram of difenoxin and not less than 25 
micrograms of atropine sulfate per dosage unit; 
(2) Dextropropoxyphene 
(α-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane); and 
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol 
(Other name: tramadol). 

 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
-Schedule IV Other Substances 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, substance's salts: 
(1) Butorphanol, including its optical isomers;  
(2) Carisoprodol; 
(3) Eluxadoline (other name: 5-[[[(2S)-2-amino-3-[4­
(aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H­
imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its 
salts, isomers, and salts of isomers; 
(4) Lorcarserin including its salts, isomers and salts of isomers, 
whenever the existence of such salts, isomers, and salts of isomers is 
possible; and 
(5) Pentazocine, its salts, derivatives, compounds, or mixtures. 
SCHEDULE V 
Schedule V consists of: 
-Schedule V Narcotics Containing Nonnarcotic Active Medicinal 
Ingredients 
A compound, mixture, or preparation containing limited quantities of any of 
the following narcotic drugs that also contain one or more nonnarcotic active 
medicinal ingredients in sufficient proportion to confer on the compound, 
mixture, or preparation valuable medicinal qualities other than those 
possessed by the narcotic drug alone: 
(1) Not more than 200 milligrams of codeine, or any of its salts, per 
100 milliliters or per 100 grams; 
(2) Not more than 100 milligrams of dihydrocodeine, or any of its 
salts, per 100 milliliters or per 100 grams; 
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, 
per 100 milliliters or per 100 grams; 
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 
25 micrograms of atropine sulfate per dosage unit; 
(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 
28.35 grams; and 
(6) Not more than 0.5 milligram of difenoxin and not less than 25 
micrograms of atropine sulfate per dosage unit. 
-Schedule V Stimulants 
Unless specifically exempted or excluded or unless listed in another 
schedule, a compound, mixture, or preparation which contains any quantity 
of the following substances having a stimulant effect on the central nervous 
system, including its salts, isomers, and salts of isomers: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) Pyrovalerone. 
-Schedule V Depressants 
Unless specifically exempted or excluded or unless listed in another 
schedule, any material, compound, mixture, or preparation, which contains 
any quantity of the following substances having a depressant effect on the 
central nervous system, including its salts, isomers, and salts of isomers, 
unless specifically excepted, if the existence of these salts, isomers, and 
salts of isomers is possible within the specific chemical designation: 
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1­
yl]butanamide) (Other names; BRV; UCB-34714; Briviact); 
(2) Cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] 
carbamate; 
(3) Ezogabine including its salts, isomers and salts of isomers, 
whenever the existence of such salts, isomers and salts of isomers is 
possible; 
(4) Ganaxolone (3α-hydroxy-3β-methyl-5α-pregnan-20-one); 
(5) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy­
proprionamide]; 
(6) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4­
carbonyl)pyridine-2-yl)benzamide]; and, 
(7) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

Instrument

Order Placing Dipentylone in Schedule I, Temporarily Placing N-Pyrrolidino Metonitazene, N-Pyrrolidino Protonitazene, and Seven Benzimidazole-Opioids in Schedule I, and Permanently Placing Seven Specific Fentanyl-Related Substances in Schedule I

Source

https://www.sos.state.tx.us/texreg/archive/March132026/In%20Addition/202601019-1.pdf

Retrieved

2026-11-02

Fingerprint

15e984f1f3c381f7

I. The U.S. Drug Enforcement Administration (DEA) issued a final rule creating a 
specific listing for 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one (other 
names: dipentylone, N,N-dimethylpentylone), including their isomers, esters, 
ethers, salts, and salts of isomers, esters, and ethers whenever the existence of 
such isomers, esters, ethers, and salts is possible within the specific chemical 
designation, in schedule I of the Controlled Substances Act (CSA) effective August 
8, 2025. This final rule was published in the Federal Register, Volume 90, Number 
151, pages 38396-38398. 
Dipentylone is already a controlled substance in the United States under schedule I, 
as it is a positional isomer of the schedule I hallucinogen N-ethylpentylone. This 
scheduling action creates a specific listing for dipentylone. 
II. The DEA issued a temporary order placing 
2-(4-methoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole 
(commonly known as, N-pyrrolidinometonitazene or metonitazepyne) and 5-nitro­
2-(4-propoxybenzyl)-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (commonly 
known as, N-pyrrolidino protonitazene or protonitazepyne), including their isomers, 
esters, ethers, salts, and salts of isomers, esters, and ethers whenever the 
existence of such isomers, esters, ethers, and salts is possible, in schedule I of the 
CSA effective August 15, 2025. This final rule was published in the Federal Register, 
Volume 90, Number 156, pages 39314-39319. 
This scheduling action was taken to avoid an imminent hazard to public safety and 
pursuant to N-pyrrolidino metonitazene and N-pyrrolidino protonitazene having: 
 
a high potential for abuse; 
 
no currently accepted medical use in treatment in the United States; and 
 
a lack of accepted safety for use under medical supervision. 
III. The DEA issued a temporary order extending the temporary schedule I status of 
seven specific fentanyl-related substances effective December 31, 2024. This 
temporary scheduling order was published in the Federal Register, Volume 89, 
Number 249, pages 106311-106315. The order extends the temporary scheduling 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
of the following seven controlled substances in schedule I of the CSA, including 
their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers 
whenever the existence of such isomers, esters, ethers, and salts is possible within 
the specific chemical designation: 
 
beta-methylacetyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4­
yl)acetamide), 
 
meta-fluorofuranyl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide), 
 
ortho-chlorofentanyl (N-(2-chlorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide), 
 
ortho-methylcyclopropyl fentanyl(N-(2-methylphenyl)-N-(1­
phenethylpiperidin-4-yl)cyclopropanecarboxamide), 
 
para-chlorofentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide), 
 
para-fluoro valeryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)pentanamide), and 
 
tetrahydrothiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenyltetrahydrothiophene-2-carboxamide; other name: 
tetrahydrothiophene fentanyl). 
The DEA issued a final rule permanently placing these seven specific fentanyl­
related substances, including their isomers, esters, ethers, salts, and salts of 
isomers, esters, and ethers, in schedule I of the CSA effective September 18, 2025. 
This final rule was published in the Federal Register, Volume 90, Number 179, 
pages 44979-44984. 
This scheduling action was taken pursuant to beta-methylacetyl fentanyl, meta­
fluorofuranyl fentanyl, ortho-chlorofentanyl, ortho-methylcyclopropyl fentanyl, 
para-chlorofentanyl, para-fluoro valeryl fentanyl, and tetrahydrothiofuranyl fentanyl 
having: 
 
a high potential for abuse due to their analgesic effects that are mediated by 
mu-opioid receptor agonism; 
 
no currently accepted medical use in treatment in the United States; and 
 
a lack of accepted safety for use under medical supervision. 
IV. The DEA issued a temporary order extending the temporary schedule I status of 
five designer benzodiazepines effective July 26, 2025. This temporary scheduling 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
order was published in the Federal Register, Volume 90, Number 141, pages 
35236-35238. The order extends the temporary scheduling of the following five 
controlled substances in schedule I of the CSA, including their isomers, esters, 
ethers, salts, and salts of isomers, esters, and ethers whenever the existence of 
such isomers, esters, ethers, and salts is possible within the specific chemical 
designation: 
 
clonazolam (6-(2-chlorophenyl)-1-methyl-8-nitro-4H­
benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine); 
 
diclazepam (7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H­
benzo[e][1,4]diazepin-2-one); 
 
etizolam (4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2­
f][1,2,4]triazolo[4,3-a][1,4]diazepine); 
 
flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H­
benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine); and 
 
flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-4H­
benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine). 
V. The DEA issued a temporary order placing seven benzimidazole-opioids, including 
their isomers, esters ethers, salts, and salts of isomers, esters, and ethers 
whenever the existence of such isomers, esters, ethers, and salts is possible, as 
identified below, in schedules I of the CSA, effective October 15, 2025. This 
temporary scheduling order was published in the Federal Register, Volume 90, 
Number 179, pages 48259-48266. 
 
2-(2-((2,3-dihydrobenzofuran-5-yl)methyl)-5-nitro-1H-benzimidazol-1-yl)­
N,N-diethylethan-1-amine (other name: ethyleneoxynitazene); 
 
2-(2-(benzodioxol-5-ylmethyl)-5-nitro-1H-benzimidazol-1-yl)-N,N­
diethylethan-1-amine (other names: methylenedioxynitazene; 3′,4′­
methylenedioxynitazene); 
 
2-(2-(4-ethoxybenzyl)-5-methyl-1H-benzimidazol-1-yl)-N,N-diethylethan-1­
amine (other name: 5-methyl etodesnitazene); 
 
2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N-ethylethan-1-amine 
(other name: N-desethyl etonitazene); 
 
N-ethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine 
(other name: N-desethyl protonitazene); 
 
2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-dimethylethan-1­
amine (other name: N,N-dimethylamino etonitazene); and 
 
2-(4-isopropoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(other name: N-pyrrolidino isotonitazene). 
This scheduling action was taken to avoid an imminent hazard to the public safety 
and pursuant to ethyleneoxynitazene, methylenedioxynitazene, 5-methyl 
etodesnitazene, N-desethyl etonitazene, N-desethyl protonitazene, N,N­
dimethylamino etonitazene, and N-pyrrolidino isotonitazene having: 
 
A high potential for abuse; 
 
No currently accepted medical use in treatment in the United States; and 
 
a lack of accepted safety for use under medical supervision. 
Pursuant to the Texas Controlled Substances Act, Health and Safety Code Section 
481.034(g), at least thirty-one days have expired since notice of the above 
referenced actions were published in the Federal Register. In the capacity as 
Commissioner of the Texas Department of State Health Services, Jennifer Shuford, 
M.D., does hereby order that the substances dipentylone be placed in schedule I, 
N-pyrrolidino metonitazene, N-pyrrolidino protonitazene, and seven benzimidazole­
opioids be temporarily placed in Schedule I, and seven specific fentanyl-related 
substances be permanently placed in Schedule I. 
Note: Additions are marked by an asterisk (*). 
-Schedule I Opiates 
The following opiates, including their isomers, esters, ethers, salts, and salts of 
isomers, esters, and ethers, unless specifically excepted, if the existence of these 
isomers, esters, ethers, and salts are possible within the specific chemical 
designation: 
(1) Acetyl-α-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N­
phenylacetamide); 
(2) Acetylmethadol; 
(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 
(4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide) (Other 
name: acryloylfentanyl); 
(5) AH-7921 (3,4-dichloro-N-[1-(dimethylamino) cyclohexymethyl]benzamide); 
(6) Allylprodine; 
(7) Alphacetylmethadol (except levo-α-cetylmethadol, levo-α-acetylmethadol, 
levomethadyl acetate, or LAAM); 
(8) α′-Methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N­
phenylbutanamide); 
(9) α-Methylfentanyl or any other derivative of fentanyl; 

 
 
 
 
 
 
 
 
 
 
(10) α-Methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl] N­
phenylpropanamide); 
(11) Benzethidine; 
(12) β-Hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N­
phenylpropanamide); 
(13) β-Hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4­
piperidinyl]-N-phenylpropanamide); 
(14) β-hydroxythiofentanyl (Other names: N-[1-[2-hydroxy-2-(thiophen-2­
yl)ethyl]piperidin-4-yl]-N-phenylproprionamide; N-[1-[2-hydroxy-2-(2­
thienyl)ethyl]-4-piperidnyl]-N-phenylpropanamide); 
(15) β-Methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4­
yl)propionamide); 
*(16) β-Methylacetyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4­
yl)acetamide); 
(17) β′-Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide) 
(Other name: 3-phenylpropanoyl fentanyl); 
(18) Betaprodine; 
(19) Brorphine (1–(1–(1–(4-bromophenyl)ethyl)piperidin-4–yl)–1,3-dihydro-2H­
benzo[d]imidazol-2-one); 
(20) Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N­
diethylethan-1-amine); 
(21) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 
(22) Clonitazene; 
(23) Crotonyl fentanyl (Other name: (E)-N-(1-Phenethylpiperidin-4-yl)-N­
phenylbut-2-enamide); 
(24) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-
Phenylcyclopentanecarboxamide);  
(25) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenylcyclopropanecarboxamide); 
(26) Diampromide; 
(27) Diethylthiambutene; 
(28) Difenoxin; 
(29) Dimenoxadol; 
(30) 2′,5′-Dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N­
phenylpropionamide); 
(31) Dimethylthiambutene; 
(32) Dioxaphetyl butyrate; 
(33) Dipipanone; 
(34) Ethylmethylthiambutene; 
(35) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine 
(Other names: etodesnitazene; etazene); 
(36) Etonitazene; 
(37) Etoxeridine; 
(38) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
(39) Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1­
yl)ethan-1-amine); 
(40) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)isobutyramide) (Other name: p-fluoroisobutyryl fentanyl); 
(41) 2′-Fluoro o-fluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2­
fluorophenyl)propionamide) (Other name: 2′-fluoro 2-fluorofentanyl); 
(42) Furanyl fentanyl (N-(1-phenethylpiperdin-4-yl)-N-phenylfuran-2­
carboxamide); 
(43) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3­
carboxamide); 
(44) Furethidine; 
(45) Hydroxypethidine; 
(46) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide);  
(47) Isotonitazene (N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H­
benzimidazol-1-yl)ethan-1-amine); 
(48) Isovaleryl fentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N­
phenylbutanamide); 
(49) Ketobemidone; 
(50) Levophenacylmorphan; 
(51) m-Fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide); 
*(52) m-Fluorofuranyl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide); 
(53) m-Fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)isobutyramide); 
(54) Meprodine; 
(55) Methadol; 
(56) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N­
phenylacetamide); 
(57) 2-Methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1­
yl)butan-1-one); 
(58) 4′-Methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N­
phenylacetamide); 
(59) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);  
(60) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N­
phenylpropanamide); 
(61) Metodesnitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1­
yl)ethan-1-amine); 
(62) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol­
1-yl)ethan-1-amine); 
(63) Moramide; 
(64) Morpheridine; 
(65) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);  
(66) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine); 

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
(67) Noracymethadol; 
(68) Norlevorphanol; 
(69) Normethadone; 
(70) Norpipanone; 
(71) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole 
(other names: N-pyrrolidino etonitazene; etonitazepyne); 
(72) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4­
yl)acetamide); 
*(73) o-Chlorofentanyl (N-(2-chlorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide); 
(74) o-Fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)acrylamide); 
(75) o-Fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)butyramide) (Other name:2-fluorobutyryl fentanyl); 
(76) o-Fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide) (Other name: 2-fluorofentanyl); 
(77) o-Fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide); 
(78) o-Fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)isobutyramide); 
(79) o-Methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4­
yl)acetamide) (Other name: 2-methyl acetylfentanyl); 
*(80) o-Methylcyclopropyl fentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4­
yl)cyclopropanecarboxamide); 
(71) o-Methyl methoxyacetyl fentanyl (2-methoxy-N-(2-methylphenyl)-N-(1­
phenethylpiperidin-4-yl)acetamide) (Other name: 2-methyl methoxyacetyl 
fentanyl); 
(82) p-Chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1- phenethylpiperidin-4­
yl)isobutyramide); 
*(83) p-Chlorofentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide); 
(84) p-Fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)butyramide); 
(85) p-Fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4 piperidinyl] 
propanamide); 
(86) p-Fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide); 
*(87) p-Fluoro valeryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4­
yl)pentanamide); 
(88) p-Methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1- phenethylpiperidin-4­
yl)butyramide;  
(89) p-Methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4­
yl)furan-2-carboxamide); 
(90) p-Methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4­
yl)cyclopropanecarboxamide); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
(91) p-Methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4­
yl)propionamide) (Other name: 4-methylfentanyl); 
(92) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); 
(93) Phenadoxone; 
(94) Phenampromide; 
(95) Phencyclidine; 
(96) Phenomorphan; 
(97) Phenoperidine; 
(98) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide) (Other 
name: benzoyl fentanyl); 
(99) Piritramide; 
(100) Proheptazine; 
(101) Properidine; 
(102) Propiram; 
(103) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1­
amine (other name: protonitazene); 
(104) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenyltetrahydrofuran-2-carboxamide); 
*(105) Tetrahydrothiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N­
phenyltetrahydrothiophene-2-carboxamide) (Other name: tetrahydrothiophene 
fentanyl); 
(106) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide); 
(107) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2­
carboxamide) (Other names: 2-thiofuranyl fentanyl; thiophene fentanyl); 
(108) Tilidine; 
(109) Trimeperidine; 
(110) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N­
methylbenzamide); 
(111) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide); and, 
(112) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1­
phenylpropan-2-ol). 
-Schedule I Hallucinogenic Substances 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the following 
hallucinogenic substances or that contains any of the substance's salts, isomers, 
and salts of isomers if the existence of the salts, isomers, and salts of isomers is 
possible within the specific chemical designation (for the purposes of this Schedule I 
hallucinogenic substances section only, the term "isomer" includes optical, 
positional, and geometric isomers): 
(1) α-Ethyltryptamine (Other names: etryptamine; Monase; α-ethyl-1H­
indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; AET); 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(2) 4-Bromo-2,5-dimethoxyamphetamine (Other names: 4-bromo­
2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA); 
(3) 4-Bromo-2,5-dimethoxyphenethylamine (Other names: Nexus; 2C-B; 2­
(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; α-desmethyl DOB);  
(4) 2,5-Dimethoxyamphetamine (Other names: 2,5-dimethoxy-α­
methylphenethylamine; 2,5-DMA); 
(5) 2,5-Dimethoxy-4-ethylamphetamine (Other name: DOET); 
(6) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine, its optical isomers, salts 
and salts of isomers (Other name: 2C-T-7); 
(7) 4-Methoxyamphetamine (Other names: 4-methoxy-α­
methylphenethylamine; paramethoxyamphetamine; PMA); 
(8) 5-Methoxy-3,4-methylenedioxyamphetamine (Other name: MMDA); 
(9) 4-Methyl-2,5-dimethoxyamphetamine (Other names: 
4-methyl-2,5-dimethoxy-α-methyl-phenethylamine; “DOM”;“STP”); 
(10) 3,4-Methylenedioxyamphetamine (Other names: MDA; Love Drug); 
(11) 3,4-Methylenedioxymethamphetamine (Other names: MDMA; MDM; 
Ecstasy; XTC); 
(12) 3,4-Methylenedioxy-N-ethylamphetamine (Other names: N-ethyl- α­
methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA); 
(13) N-Hydroxy-3,4-methylenedioxyamphetamine (Other name: N-hydroxy 
MDA); 
(14) 3,4,5-Trimethoxyamphetamine (Other name: TMA); 
(15) 5-Methoxy-N,N-dimethyltryptamine (Other names: 5-methoxy-3-[2­
(dimethylamino)ethyl]indole; 5-MeO-DMT); 
(16) α-Methyltryptamine (Other name: AMT); 
(17) Bufotenine (Other names: 3-β-Dimethylaminoethyl)-5- hydroxyindole; 
3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N­
dimethyltryptamine; mappine); 
(18) Diethyltryptamine (Other names: N,N-Diethyltryptamine; DET); 
(19) Dimethyltryptamine (Other name: DMT); 
(20) 5-Methoxy-N,N-diisopropyltryptamine (Other name: 5-MeO-DIPT); 
(21) Ibogaine (Other names: 7-Ethyl-6,6-β-7,8,9,10,12,13-octhydro-2­
methoxy-6,9-methano-5H-pyrido[1′,2′:1,2] azepino [5,4-b] indole; Tabernanthe 
iboga); 
(22) Lysergic acid diethylamide; 
(23) Marihuana, the term marihuana does not include hemp, as defined in 
Title 5, Agriculture Code, Chapter 121; 
(24) Mescaline; 
(25) Parahexyl (Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9­
trimethyl-6H-dibenzo[b,d]pyran; Synhexyl); 
(26) Peyote, unless unharvested and growing in its natural state, meaning all 
parts of the plant classified botanically as Lophophora williamsii Lemaire, whether 
growing or not, the seeds of the plant, an extract from a part of the plant, and 
every compound, manufacture, salt, derivative, mixture, or preparation of the 
plant, its seeds, or extracts; 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
 
 
  
  
 
 
 
 
(27) N-ethyl-3-piperidyl benzilate; 
(28) N-methyl-3-piperidyl benzilate; 
(29) Psilocybin; 
(30) Psilocyn; 
(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally 
contained in a plant of the genus Cannabis (cannabis plant), except for 
tetrahydrocannabinols in hemp (as defined under Section 297A(1) of the 
Agricultural Marketing Act of 1946), as well as synthetic equivalents of the 
substances contained in the cannabis plant, or in the resinous extractives of such 
plant, and/or synthetic substances, derivatives, and their isomers with similar 
chemical structure and pharmacological activity to those substances contained in 
the plant, such as the following: 
1 cis or trans tetrahydrocannabinol, and their optical isomers; 
6 cis or trans tetrahydrocannabinol, and their optical isomers; 
3,4 cis or trans tetrahydrocannabinol, and its optical isomers; 
(Since nomenclature of these substances is not internationally standardized, 
compounds of these structures, regardless of numerical designation of atomic 
positions covered.) 
(32) Ethylamine analog of phencyclidine (Other names: 
N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; 
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE); 
(33) Pyrrolidine analog of phencyclidine (Other names: 1-(1 phenyl- 
cyclohexyl)-pyrrolidine; PCPy; PHP; rolicyclidine); 
(34) Thiophene analog of phencyclidine (Other names: 1-[1-(2-thienyl)­
cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; TCP); 
(35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (Other name: TCPy); 
(36) 4-Methylmethcathinone (Other names: 4-methyl-N-methylcathinone; 
mephedrone); 
(37) 3,4-Methylenedioxypyrovalerone (Other name: MDPV); 
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other name: 2C-E); 
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other name: 2C-D); 
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-C);  
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-I); 
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 2C-T­
2); 
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 
2C-T-4); 
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (Other name: 2C-H);  
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other name: 2C-N); 
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other name: 2C-P); 
(47) 3,4-Methylenedioxy-N-methylcathinone (Other name: Methylone); 
(48) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
(Other names: UR-144; 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(49) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3­
tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144; 5-F-UR-144; 
XLR11; (5-fluoro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 
(50) N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other names: 
APINACA; AKB48); 
(51) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (Other names: PB-22; 
QUPIC);  
(52) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other names: 
5-fluoro-PB-22; 5F-PB-22); 
(53) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole­
3-carboxamide (Other name: AB-FUBINACA); 
(54) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3­
carboxamide (Other name: ADB-PINACA); 
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 
(Other names: 25I-NBOMe; 2CI-NBOMe; 25I; Cimbi-5); 
(56) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 
(Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); 
(57) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 
(Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36); 
(58) Marihuana extract, meaning an extract containing one or more 
cannabinoids that has been derived from any plant of the genus Cannabis, other 
than separated resin (whether crude or purified) obtained from the plant; 
(59) 4-Methyl-N-ethylcathinone (Other name: 4-MEC);  
(60) 4-Methyl-α-pyrrolidinopropiophenone (Other name: 4-MePPP); 
(61) α-Pyrrolidinopentiophenone (Other name: [α]-PVP); 
(62) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)butan-1-one  
(Other names: butylone; bk-MBDB); 
(63) 2-(Methylamino)-1-phenylpentan-1-one (Other name: pentedrone); 
(64) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)pentan-1-one  
(Other names: pentylone; bk-MBDP); 
(65) 4-Fluoro-N-methylcathinone (Other names: 4-FMC; flephedrone); 
(66) 3-Fluoro-N-methylcathinone (Other name: 3-FMC); 
(67) 1-(Naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (Other name: 
naphyrone);  
(68) α-Pyrrolidinobutiophenone (Other name: α-PBP); 
(69) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H­
indazole-3-carboxamide (Other name: AB-CHMINACA);  
(70) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3­
carboxamide (Other name: AB-PINACA); 
(71) [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (Other 
name: THJ-2201); 
(72) 1-Methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (Other name: MPTP); 
(73) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexyl-methyl)-1H­
indazole-3-carboxamide (Other names: MAB-CHMINACA; ABD-CHMINACA);  

 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
(74) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: 5F-ADB; 5F-MDMB-PINACA); 
(75) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3­
methylbutanoate (Other name: 5F-AMB); 
(76) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
(Other names: 5F-APINACA; 5F-AKB48); 
(77) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H­
indazole-3-carboxamide (Other name: ADB-FUBINACA); 
(78) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: MDMB-CHMICA; MMB-CHMINACA); 
(79) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other name: MDMB-FUBINACA); 
(80) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3­
methylbutanoate (Other names: FUB-AMB; MMB-FUBINACA; AMB-FUBINACA); 
(81) Naphthalen-1-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other 
names: NM2201; CBL2201); 
(82) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole­
3-carboxamide (Other name: 5F-AB-PINACA); 
(83) 1-(4-Cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide 
(Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYL­
BINACA; CUMYL-4CN-BINACA; SGT-78); 
(84) Methyl 2-(1-(Cyclohexylmethyl)-1H-indole-3-carboxamido)-3­
methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA); 
(85) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine­
3-carboxamide (Other name: 5F-CUMYL-P7AICA); 
(86) 1-(1,3-Benzodioxol-5-yl)-2-(ethylamino)pentan-1-one (Other names: N­
ethylpentylone; ephylone); 
(87) Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate) (Other names: 4F-MDMB-BINACA; 4F-MDMB-BUTINACA); 
(88) 1-(4-Methoxyphenyl)-N-methylpropan-2-amine (Other names: p­
methoxymethamphetamine; PMMA); 
(89) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3­
dimethylbutanoate (Other name: 5F-EDMB-PINACA); 
(90) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3­
dimethylbutanoate (Other names: 5F-MDMB-PICA; 5F-MDMB-2201); 
(91) N-(Adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide 
(Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-fluorobenzyl)); 
(92) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide 
(Other names: 5F-CUMYL-PINACA; SGT-25); 
(93) (1-(4-Fluorobenzyl)-1H-indol-3-yl)(2,2,3,3­
tetramethylcyclopropyl)methanone (Other name: FUB-144); 
(94) N-Ethylhexedrone (Other name: 2-(ethylamino)-1-phenylhexan-1-one); 
(95) α-Pyrrolidinohexanophenone (Other names: α-PHP; α­
pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one); 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                           
 
 
                           
 
                           
 
                           
 
 
 
(96) 4-Methyl-α-ethylaminopentiophenone (Other names: 4–MEAP; 2­
(ethylamino)-1-(4-methylphenyl)pentan-1-one); 
(97) 4′-Methyl-α-pyrrolidinohexiophenone (Other names: MPHP; 4′-methyl­
α-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one);  
(98) α-Pyrrolidinoheptaphenone (Other names: PV8; 1-phenyl-2-(pyrrolidin­
1-yl)heptan-1-one); 
(99) 4′-Chloro-α-pyrrolidinovalerophenone (Other names: 4-chloro-α-PVP; 
4′-chloro-α-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1­
yl)pentan-1-one);  
(100) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (Other names: 
methoxetamine; MXE); 
(101) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (Other names: 
eutylone; bk-EBDB); and, 
 
*(102) 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one (other 
names: dipentylone, N,N-dimethylpentylone). 
-Schedule I Temporarily Listed Substances Subject to Emergency 
Scheduling by the U.S. Drug Enforcement Administration 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the following 
substances or that contains any of the substance's isomers, esters, ethers, salts 
and salts of isomers, esters, and ethers if the existence of the salts, esters, ethers 
isomers, and salts of isomers, esters, ethers is possible within the specific chemical 
designation:  
(1) Fentanyl-related substances. 
(1-1) Fentanyl-related substance means any substance not otherwise 
listed under another Administration Controlled Substance Code Number, and for 
which no exemption or approval is in effect under Section 505 of the Federal Food, 
Drug, and Cosmetic Act [21 U.S.C. 355], that is structurally related to fentanyl by 
one or more of the following modifications: 
(1-1-1) Replacement of the phenyl portion of the phenethyl 
group by any monocycle, whether or not further substituted in or on the 
monocycle; 
 (1-1-2) Substitution in or on the phenethyl group with alkyl, 
alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
 (1-1-3) Substitution in or on the piperidine ring with alkyl, 
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups; 
 (1-1-4) Replacement of the aniline ring with any aromatic 
monocycle whether or not further substituted in or on the aromatic monocycle; 
and/or 
 (1-1-5) Replacement of the N-propionyl group by another acyl 
group. 

 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1–2) This definition includes, but is not limited to, the following 
substances: 
 
 
 
(1-2-1) N-(1-(2-Fluorophenethyl)piperidin-4­
yl)-N-(2-fluorophenyl)propionamide (Other name: 2′-fluoro-o-fluorofentanyl);
 
 
 
(1-2-2) N-(2-Methylphenyl)-N-(1­
phenethylpiperidin-4-yl)acetamide (Other name: o-methyl acetylfentanyl); 
 
 
 
(1-2-3) N-(1-Phenethylpiperidin-4-yl)-N,3-diphenylpropanamide 
(Other names: β′-phenyl fentanyl; hydrocinnamoyl fentanyl); and, 
 
 
 
(1-2-4) N-(1-Phenethylpiperidin-4-yl)-N-phenylthiophene-2­
carboxamide (Other name: thiofuranyl fentanyl). 
(2) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3­
α][1,4]diazepine (Other name: etizolam); 
 
(3) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3­
α][1,4]diazepine (Other name: flualprazolam); 
 
(4) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3­
α][1,4]diazepine (Other name: clonazolam); 
 
(5) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3­
α][1,4]diazepine (Other names: 8-bromo-6-(2-fluorophenyl)-1-methyl-4H­
[1,2,4]triazolo[4,3-α][1,4]benzodiazepine and flubromazolam); 
 
(6) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H­
benzo[e][1,4]diazepin-2-one (Other name: diclazepam); 
(7) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3­
carboxamido)butanoate (Other name: MDMB–4en–PINACA); 
(8) Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethyl­
butanoate (Other names: 4F–MDMB–BUTICA; 4F–MDMB–BICA);
 
(9) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H­
indazole-3-carboxamide (Other name: ADB–4en–PINACA); 
 
(10) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one (Other 
names: CUMYL–PEGACLONE; SGT–151);
 
(11) Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-dimethyl­
butanoate (Other names: 5F–EDMB–PICA; 5F–EDMB–2201); 
(12) Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl 
butanoate (Other name: MMB–FUBICA);
 
(13) N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan­
1-amine (Other name: N-desethyl isotonitazene); 
 
(14) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1H-benzimidazole 
(Other names: N-piperidinyl etonitazene; etonitazepipne);
 
*(15) 2-(4-methoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H­
benzimidazole, its isomers, esters, ethers, salts and salts of isomers, esters and 
ethers (other names: N-pyrrolidinometonitazene; metonitazepyne); and,
 
*(16) 5-nitro-2-(4-propoxybenzyl)-1-(2-(pyrrolidin-1-yl)ethyl)-1H­
benzimidazole, its isomers, esters, ethers, salts and salts of isomers, esters and 
ethers (other names: N-pyrrolidino protonitazene; protonitazepyne); and 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
________________________
 
 
 
 
_____________ 
*(17) 2-(2-((2,3-dihydrobenzofuran-5-yl)methyl)-5-nitro-1H-benzimidazol-1­
yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of 
isomers, esters and ethers (other name: ethyleneoxynitazene); 
 
*(18) 2-(2-(benzodioxol-5-ylmethyl)-5-nitro-1H-benzimidazol-1-yl)-N,N­
diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters 
and ethers (other names: methylenedioxynitazene; 3′,4′-methylenedioxynitazene);
 
*(19) 2-(2-(4-ethoxybenzyl)-5-methyl-1H-benzimidazol-1-yl)-N,N­
diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters 
and ethers (other name: 5-methyl etodesnitazene);
 
*(20) 2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N-ethylethan-1­
amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers 
(other name: N-desethyl etonitazene) 
 
*(21) N-ethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1­
amine its isomers, esters, ethers, salts, and salts of isomers, esters and ethers 
(other name: N-desethyl protonitazene); 
 
*(22) 2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N­
dimethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, 
esters and ethers (other name: N,N-dimethylamino etonitazene); and 
 
*(23) 2-(4-isopropoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H­
benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, 
esters and ethers (other name: N-pyrrolidino isotonitazene). 
Jennifer Shuford, M.D., M.P.H. 
Date

Instrument

Notice Reinstating Clarifications to the Definitions of Tetrahydrocannabinols and Marihuana Extract to the 2021 Schedule of Controlled Substances

Source

https://www.sos.state.tx.us/texreg/archive/July102026/In%20Addition/202602610-1.pdf

Retrieved

2026-11-02

Fingerprint

4c7e9212009d8c78

Notice Reinstating Clarifications to the Definitions of 
Tetrahydrocannabinols and Marihuana Extract to the 2021 Schedule 
of Controlled Substances, Pursuant to the Opinion Delivered by the 
Supreme Court of Texas on May 1, 2026. 
On November 8, 2021, in the case Sky Marketing Corp., et al. v. Texas 
Department of State Health Services, and Dr. Jennifer Shuford, in her official 
capacity as Commissioner of the Texas DSHS, Travis County District Court 
Judge Jan Soifer ordered the Department to "remove from its currently 
published Schedule of Controlled Substances the most recent modifications 
of the definitions to the following terms: '*(31) Tetrahydrocannabinols' and 
'*(58) Marihuana extract,' and any subsequent publications of the same (if 
any) until further order of this Court." DSHS published a notice of 
compliance with this order on January 21, 2022, 47 TexReg 175. 
On May 1, 2026, the Supreme Court of Texas delivered its opinion reversing 
the judgment of the court of appeals as to the ultra vires and APA claims 
and reversing the trial court's order that granted the temporary injunction. 
On June 5, 2026, the mandate was issued dismissing Plaintiffs’ claims.  
DSHS therefore issues this notice reinstating previous modifications made to 
the definitions of tetrahydrocannabinols and marihuana extract in the 2021 
Schedules of Controlled Substances. These modifications resulted from the 
Commissioner's objection to changes made by the Drug Enforcement Agency 
to the definitions to the extent that the definitions allow for the presence or 
addition of tetrahydrocannabinols aside from the presence of delta-9­
tetrahydrocannabinol, including isomers and variants which may have 
pharmacological or psychoactive properties.  
In the capacity as interim Commissioner of the Texas Department of State 
Health Services, Imelda Garcia, MPH, reinstates the definitions of 
tetrahydrocannabinols and marihuana extract as modified prior to the 
temporary injunction issued by the trial court.  
Note: Changes are marked by an asterisk (*). 
-Schedule I Hallucinogenic Substances 
Unless specifically excepted or unless listed in another schedule, a material, 
compound, mixture, or preparation that contains any quantity of the 
following hallucinogenic substances or that contains any of the substance's 
salts, isomers, and salts of isomers if the existence of the salts, isomers, and 
salts of isomers is possible within the specific chemical designation (for the 

purposes of this Schedule I hallucinogenic substances section only, the term 
"isomer" includes optical, positional, and geometric isomers):  
 
(1) α-Ethyltryptamine (Other names: etryptamine; Monase; α-ethyl-
1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; AET); 
 
(2) 4-Bromo-2,5-dimethoxyamphetamine (Other names: 4-bromo-
2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA); 
(3) 4-Bromo-2,5-dimethoxyphenethylamine (Other names: Nexus; 2C-
B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; α-desmethyl DOB); 
(4) 2,5-Dimethoxyamphetamine (Other names: 2,5-dimethoxy-α-
methylphenethylamine; 2,5-DMA); 
(5) 2,5-Dimethoxy-4-ethylamphetamine (Other name: DOET);  
(6) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine, its optical 
isomers, salts and salts of isomers (Other name: 2C-T-7);  
(7) 4-Methoxyamphetamine (Other names: 4-methoxy-α-
methylphenethylamine; paramethoxyamphetamine; PMA); 
(8) 5-Methoxy-3,4-methylenedioxyamphetamine (Other name: 
MMDA); 
(9) 4-Methyl-2,5-dimethoxyamphetamine (Other names: 
4-methyl-2,5-dimethoxy-α-methyl-phenethylamine; “DOM”;“STP”); 
(10) 3,4-Methylenedioxyamphetamine (Other names: MDA; Love 
Drug); 
(11) 3,4-Methylenedioxymethamphetamine (Other names: MDMA; 
MDM; Ecstasy; XTC); 
(12) 3,4-Methylenedioxy-N-ethylamphetamine (Other names: N-ethyl-
α-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA); 
(13) N-Hydroxy-3,4-methylenedioxyamphetamine (Other name: N-
hydroxy MDA); 
(14) 3,4,5-Trimethoxyamphetamine (Other name: TMA); 
(15) 5-Methoxy-N,N-dimethyltryptamine (Other names: 5-methoxy-3-
[2-(dimethylamino)ethyl]indole; 5-MeO-DMT); 
(16) α-Methyltryptamine (Other name: AMT); 
(17) Bufotenine (Other names: 3-β-Dimethylaminoethyl)-5- 
hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 
5-hydroxy-N,N-dimethyltryptamine; mappine); 
(18) Diethyltryptamine (Other names: N,N-Diethyltryptamine; DET); 
(19) Dimethyltryptamine (Other name: DMT); 
(20) 5-Methoxy-N,N-diisopropyltryptamine (Other name: 5-MeO-
DIPT); 
(21) Ibogaine (Other names: 7-Ethyl-6,6-β-7,8,9,10,12,13-octhydro-
2-methoxy-6,9-methano-5H-pyrido[1′,2′:1,2] azepino [5,4-b] indole; 
Tabernanthe iboga); 
(22) Lysergic acid diethylamide; 

(23) Marihuana, the term marihuana does not include hemp, as 
defined in Title 5, Agriculture Code, Chapter 121; 
(24) Mescaline; 
(25) Parahexyl (Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-
6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl); 
(26) Peyote, unless unharvested and growing in its natural state, 
meaning all parts of the plant classified botanically as Lophophora williamsii 
Lemaire, whether growing or not, the seeds of the plant, an extract from a 
part of the plant, and every compound, manufacture, salt, derivative, 
mixture, or preparation of the plant, its seeds, or extracts; 
(27) N-ethyl-3-piperidyl benzilate; 
(28) N-methyl-3-piperidyl benzilate; 
(29) Psilocybin; 
(30) Psilocyn; 
*(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally 
contained in a plant of the genus Cannabis (cannabis plant), except for up to 
0.3% delta-9-tetrahydrocannabinols in hemp (as defined under Texas 
Agriculture Code 121), as well as synthetic equivalents of the substances 
contained in the cannabis plant, or in the resinous extractives of such plant, 
and/or synthetic substances, derivatives, and their isomers with similar 
chemical structure and pharmacological activity to those substances 
contained in the plant, such as the following: 
1 cis or trans tetrahydrocannabinol, and their optical isomers; 
6 cis or trans tetrahydrocannabinol, and their optical isomers; 
3,4 cis or trans tetrahydrocannabinol, and its optical isomers;  
 
(Since nomenclature of these substances is not internationally 
standardized, compounds of these structures, regardless of numerical 
designation of atomic positions covered.) 
 
(32) Ethylamine analog of phencyclidine (Other names: 
N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; 
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE); 
(33) Pyrrolidine analog of phencyclidine (Other names: 1-(1 phenyl- 
cyclohexyl)-pyrrolidine; PCPy; PHP; rolicyclidine); 
(34) Thiophene analog of phencyclidine (Other names: 1-[1-(2-
thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; 
TCP); 
(35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (Other name: TCPy); 
(36) 4-Methylmethcathinone (Other names: 4-methyl-N-
methylcathinone; mephedrone); 
(37) 3,4-Methylenedioxypyrovalerone (Other name: MDPV); 
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other name: 2C-
E); 

(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other name: 2C-
D); 
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-
C); 
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-I);  
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 
2C-T-2); 
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other 
name: 2C-T-4); 
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (Other name: 2C-H);  
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other name: 2C-
N); 
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other name: 
2C-P); 
(47) 3,4-Methylenedioxy-N-methylcathinone (Other name: 
Methylone); 
(48) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone (Other names: UR-144; 1-pentyl-3-
(2,2,3,3-tetramethylcyclopropoyl)indole); 
(49) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-
tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144; 5-F-UR-
144; XLR11; (5-flouro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 
(50) N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other 
names: APINACA; AKB48); 
(51) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (Other names: 
PB-22; QUPIC); 
(52) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other 
names: 5-fluoro-PB-22; 5F-PB-22); 
(53) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-
indazole-3-carboxamide (Other name: AB-FUBINACA); 
(54) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-
3-carboxamide (Other name: ADB-PINACA); 
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (Other names: 25I-NBOMe; 2CI-NBOMe; 25I; 
Cimbi-5); 
(56) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; 
Cimbi-82); 
(57) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; 
Cimbi-36); 
*(58) Marihuana extract, meaning an extract containing one or more 
cannabinoids that has been derived from any plant of the genus Cannabis, 
except for extracts derived from hemp (as defined under Texas Agriculture 

Code 121) containing up to 0.3% delta-9-tetrahydrocannabinol on a dry 
weight basis, other than separated resin (whether crude or purified) 
obtained from the plant; 
(59) 4-Methyl-N-ethylcathinone (Other name: 4-MEC); 
(60) 4-Methyl-α-pyrrolidinopropiophenone (Other name: 4-MePPP); 
(61) α-Pyrrolidinopentiophenone (Other name: [α]-PVP); 
(62) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)butan-1-one  
(Other names: butylone; bk-MBDB); 
(63) 2-(Methylamino)-1-phenylpentan-1-one (Other name: 
pentedrone); 
(64) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)pentan-1-one  
(Other names: pentylone; bk-MBDP); 
(65) 4-Fluoro-N-methylcathinone (Other names: 4-FMC; flephedrone); 
(66) 3-Fluoro-N-methylcathinone (Other name: 3-FMC); 
(67) 1-(Naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (Other 
name: naphyrone);  
(68) α-Pyrrolidinobutiophenone (Other name: α-PBP); 
(69) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-
indazole-3-carboxamide (Other name: AB-CHMINACA);  
(70) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-
carboxamide (Other name: AB-PINACA); 
(71) [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone 
(Other name: THJ-2201); 
(72) 1-Methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (Other name: 
MPTP); 
(73) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexyl-
methyl)-1H-indazole-3-carboxamide (Other names: MAB-CHMINACA; ABD-
CHMINACA); 
(74) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (Other names: 5F-ADB; 5F-MDMB-PINACA); 
(75) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3-
methylbutanoate (Other name: 5F-AMB); 
(76) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-
carboxamide (Other names: 5F-APINACA; 5F-AKB48); 
(77) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-
1H-indazole-3-carboxamide (Other name: ADB-FUBINACA); 
(78) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-
dimethylbutanoate (Other names: MDMB-CHMICA; MMB-CHMINACA); 
(79) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (Other name: MDMB-FUBINACA); 
(80) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-
methylbutanoate (Other names: FUB-AMB; MMB-FUBINACA; AMB-
FUBINACA); 

(81) Naphthalen-1-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate
(Other names: NM2201; CBL2201); 
(82) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-
indazole-3-carboxamide (Other name: 5F-AB-PINACA); 
(83) 1-(4-Cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-
carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-
BUTINACA; 4-CN-CUMYL-BINACA; CUMYL-4CN-BINACA; SGT-78); 
(84) Methyl 2-(1-(Cyclohexylmethyl)-1H-indole-3-carboxamido)-3-
methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA); 
(85) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-
b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA);
(86) 1-(1,3-Benzodioxol-5-yl)-2-(ethylamino)pentan-1-one (Other
names: N-ethylpentylone; ephylone); 
(87) Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate) (Other names: 4F-MDMB-BINACA; 4F-MDMB-
BUTINACA); 
(88) 1-(4-Methoxyphenyl)-N-methylpropan-2-amine (Other names: p-
methoxymethamphetamine; PMMA);  
(89) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (Other name: 5F-EDMB-PINACA);  
(90) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-
dimethylbutanoate (Other names: 5F-MDMB-PICA; 5F-MDMB-2201); 
(91) N-(Adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-
carboxamide (Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-
fluorobenzyl)); 
(92) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-
carboxamide (Other names: 5F-CUMYL-PINACA; SGT-25); 
(93) (1-(4-Fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone (Other name: FUB-144);  
(94) N-Ethylhexedrone (Other name: 2-(ethylamino)-1-phenylhexan-
1-one);
(95) α-Pyrrolidinohexanophenone (Other names: α-PHP; α-
pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one); 
(96) 4-Methyl-α-ethylaminopentiophenone (Other names: 4–MEAP; 2-
(ethylamino)-1-(4-methylphenyl)pentan-1-one); 
 
(97) 4′-Methyl-α-pyrrolidinohexiophenone (Other names: MPHP; 4′-
methyl-α-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-
yl)hexan-1-one); 
(98) α-Pyrrolidinoheptaphenone (Other names: PV8; 1-phenyl-2-
(pyrrolidin-1-yl)heptan-1-one); 
 
(99) 4′-Chloro-α-pyrrolidinovalerophenone (Other names: 4-chloro-α-
PVP; 4′-chloro-α-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-
(pyrrolidin-1-yl)pentan-1-one); 

(100) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (Other
names: methoxetamine; MXE); 
(101) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (Other
names: eutylone; bk-EBDB); and 
(102) 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one (other
names: dipentylone, N,N-dimethylpentylone).

Instrument

other

Source

https://capitol.texas.gov/tlodocs/85R/billtext/html/HB02671F.htm

Retrieved

2026-11-02

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9619dbbe0df29a35

(6) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

Instrument

other

Source

https://capitol.texas.gov/tlodocs/84R/billtext/html/SB00172F.htm

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2026-11-02

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7880e8104dc11834

(5) any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: (A) by modification in any of the following ways: (i) by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group; (iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or (iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and (B) including: (i) ethers and esters of the controlled substances listed in this subdivision; and (ii) by example, compounds such as: alpha-ethyltryptamine; alpha-methyltryptamine; Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- dimethyltryptamine; mappine); Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET); Dimethyltryptamine (trade or other name: DMT); 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT); O-Acetylpsilocin (Trade or other name: 4-Aco-DMT); Psilocin; and Psilocybin;

Instrument

Definition of hemp (Ch. 121, full chapter)

Source

https://statutes.capitol.texas.gov/Docs/AG/htm/AG.121.htm

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2026-07-02

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70469b3f81bc9e09

AGRICULTURE CODE, TITLE 5, SUBTITLE F. HEMP, CHAPTER 121. STATE HEMP PRODUCTION PLAN

Sec. 121.001. DEFINITION. In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.

Sec. 121.002. LEGISLATIVE INTENT. It is the intent of the legislature that this state have primary regulatory authority over the production of hemp in this state.

Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.

Sec. 121.003. STATE PLAN. (a) The department, after consulting with the governor and attorney general, shall develop a state plan to monitor and regulate the production of hemp in this state. The plan must comply with:
(1) 7 U.S.C. Section 1639p;
(2) Chapter 122; and
(3) Chapter 443, Health and Safety Code.
(b) The department shall submit the plan developed under Subsection (a) to the secretary of the United States Department of Agriculture as this state’s plan for monitoring and regulating the production of hemp as provided by 7 U.S.C. Section 1639p.
(c) If a plan submitted under Subsection (b) is disapproved by the secretary of the United States Department of Agriculture, the department, after consulting with the governor and attorney general, shall amend the plan as needed to obtain approval and submit an amended plan.
(d) The department shall, as necessary, seek technical assistance from the secretary of the United States Department of Agriculture and other state agencies in developing the plan under this section.

Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.

Sec. 121.004. RULES. The department may adopt any rules necessary to implement and administer the state plan under Section 121.003.

Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.

Instrument

Prohibited e-cigarette products

Source

https://capitol.texas.gov/tlodocs/89R/billtext/html/SB02024F.htm

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2026-10-07

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9bf4bb0d44fb80d5

SECTION 2. Section 161.0876, Health and Safety Code, is amended to read as follows: Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For purposes of this section, “e-cigarette product” means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081(1-a), regardless of whether the liquid solution or material contains nicotine. The term does not include a prescription medication or other prescribed substance unrelated to the cessation of smoking [ includes any substance containing nicotine from any source that is intended for use in an e-cigarette ]. (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product : (1) in a product [ , if the product’s ] container that : (A) [ (1) ] depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors; (B) [ (2) ] imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (C) [ (3) ] includes a symbol that is primarily used to market products to minors; (D) [ (4) ] includes an image or name of a celebrity; or (E) [ (5) ] includes an image that resembles a food product, including candy or juice ; (2) in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of: (A) a school or office supply, such as a highlighter, marker, ink pen, or pencil; (B) a smart phone, smart watch, smart phone case, or smart watch case; (C) headphones, including ear buds; (D) clothing; (E) a backpack; (F) a cosmetic, including lipstick; or (G) a toy; (3) that is wholly or partially manufactured in or marketed as being manufactured in: (A) China; or (B) a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or (4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances . (c) An offense under this section is a Class A [ B ] misdemeanor.

Instrument

Controlling provision (official text)

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

Retrieved

2026-11-01

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5458a24958c9c3f4

SUBCHAPTER C. CONSUMABLE HEMP PRODUCT MANUFACTURER LICENSE
Sec. 443.101. LICENSE REQUIRED; EXCEPTIONS.
 A person may not process hemp or manufacture a consumable hemp product in this state unless the person holds a license under this subchapter.

Instrument

Tex. Health & Safety Code 443.204(4); 25 TAC 300.701 (eff. 2026-03-31)

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

Retrieved

2026-10-08

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b312d934e76a2043

Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS. Rules adopted by the executive commissioner regulating the sale of consumable hemp products must to the extent allowable by federal law reflect the following principles: (1) hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants; (2) products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products; (3) consumable hemp products must be packaged and labeled in the manner provided by Section 443.205 ; and (4) the processing or manufacturing of a consumable hemp product for smoking is prohibited. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325 ), Sec. 7, eff. June 10, 2019.

§300.701. Restriction on Sale to Minors. (a) A person is prohibited from delivering, selling, or offering to sell a consumable hemp product to a minor. (b) A person who sells CHP must verify each purchaser’s age by reviewing a valid proof of identification before completing the sale of any CHP. (c) A valid proof of identification may include a driver’s license issued by Texas or another state, a passport, or an identification card issued by a state or government agency. A valid proof of identification must meet the following criteria: (1) include a physical description and a photograph that matches the person’s appearance; (2) provide the individual’s date of birth; (3) be issued by a government agency; and (4) is not expired.

Instrument

Official operative section replacing an unused editorial summary

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

Retrieved

2026-11-02

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4a1a69b552eaaa42

Sec. 443.204.  RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS.  Rules adopted by the executive commissioner regulating the sale of consumable hemp products must to the extent allowable by federal law reflect the following principles:
(1)  hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants;
(2)  products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products;
(3)  consumable hemp products must be packaged and labeled in the manner provided by Section 443.205; and
(4)  the processing or manufacturing of a consumable hemp product for smoking is prohibited.

Instrument

Sec. 443.202. REGULATION OF CERTAIN CANNABINOID OILS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

Retrieved

2026-10-29

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30e0560072536fdc

Sec. 443.202.  REGULATION OF CERTAIN CANNABINOID OILS.
  (a) This section does not apply to low-THC cannabis regulated under Chapter
487
.
(b)  Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state:
(1)  if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(2)  unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(c)  The department and the Department of Public Safety shall establish a process for the random testing of cannabinoid oil, including cannabidiol oil, at various retail and other establishments that sell, offer for sale, distribute, or use the oil to ensure that the oil:
(1)  does not contain harmful ingredients;
(2)  is produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(3)  has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.

Instrument

Sec. 443.202. REGULATION OF CERTAIN CANNABINOID OILS; Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

Retrieved

2026-10-29

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6eb7c03394aa3284

Sec. 443.202.  REGULATION OF CERTAIN CANNABINOID OILS.
  (a) This section does not apply to low-THC cannabis regulated under Chapter
487
.
(b)  Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state:
(1)  if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(2)  unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(c)  The department and the Department of Public Safety shall establish a process for the random testing of cannabinoid oil, including cannabidiol oil, at various retail and other establishments that sell, offer for sale, distribute, or use the oil to ensure that the oil:
(1)  does not contain harmful ingredients;
(2)  is produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(3)  has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.

Sec. 443.204.  RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS.
  Rules adopted by the executive commissioner regulating the sale of consumable hemp products must to the extent allowable by federal law reflect the following principles:
(1)  hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants;
(2)  products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products;
(3)  consumable hemp products must be packaged and labeled in the manner provided by Section
443.205
; and
(4)  the processing or manufacturing of a consumable hemp product for smoking is prohibited.

Instrument

DEFINITION

Source

https://tcss.legis.texas.gov/resources/AG/htm/AG.121.htm

Retrieved

2026-11-02

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d0ebc1e885f042c7

Sec. 121.001.  DEFINITION.  In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Instrument

LEGISLATIVE INTENT

Source

https://tcss.legis.texas.gov/resources/AG/htm/AG.121.htm

Retrieved

2026-11-02

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4e63f9926ca00dcf

Sec. 121.002.  LEGISLATIVE INTENT.  It is the intent of the legislature that this state have primary regulatory authority over the production of hemp in this state.

Instrument

STATE PLAN

Source

https://tcss.legis.texas.gov/resources/AG/htm/AG.121.htm

Retrieved

2026-11-02

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13057aaecff255c9

Sec. 121.003.  STATE PLAN.  (a)  The department, after consulting with the governor and attorney general, shall develop a state plan to monitor and regulate the production of hemp in this state.  The plan must comply with:
(1)  7 U.S.C. Section 1639p;
(2)  Chapter 122; and
(3)  Chapter 443, Health and Safety Code.
(b)  The department shall submit the plan developed under Subsection (a) to the secretary of the United States Department of Agriculture as this state’s plan for monitoring and regulating the production of hemp as provided by 7 U.S.C. Section 1639p.
(c)  If a plan submitted under Subsection (b) is disapproved by the secretary of the United States Department of Agriculture, the department, after consulting with the governor and attorney general, shall amend the plan as needed to obtain approval and submit an amended plan.
(d)  The department shall, as necessary, seek technical assistance from the secretary of the United States Department of Agriculture and other state agencies in developing the plan under this section.

Instrument

RULES

Source

https://tcss.legis.texas.gov/resources/AG/htm/AG.121.htm

Retrieved

2026-11-02

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275e67322c352e81

Sec. 121.004.  RULES.  The department may adopt any rules necessary to implement and administer the state plan under Section 121.003.

Instrument

Judgment preserving injunction on former rule 300.104 distribution and retail sale ban

Source

https://search.txcourts.gov/SearchMedia.aspx?DT=OTHER&MediaID=7d8c0bf3-b331-4def-89fa-80911964346f&MediaVersionID=1e78930f-bdfc-49b6-9b13-89e6adf66b64&coa=cossup

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2026-11-02

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7b597d361ab6ab60

Supreme Court of Texas 

══════════ 
No. 21-1045 
══════════ 

Texas Department of State Health Services; John Hellerstedt, in 
His Official Capacity as Commissioner of the Texas DSHS, 

Appellants, 

v. 

Crown Distributing LLC; America Juice Co., LLC; Custom 
Botanical Dispensary, LLC; 1937 Apothecary, LLC, 

Appellees 

═══════════════════════════════════════ 
On Direct Appeal from the 
345th District Court of Travis County, Texas 
═══════════════════════════════════════ 

JUDGMENT 

THE SUPREME COURT OF TEXAS, having heard this cause on 

direct appeal from the 345th District Court of Travis County, Texas, and 

having considered the record, briefs, and counsels’ argument, concludes 

that the trial court's judgment should be reversed in part. 

IT  IS THEREFORE ORDERED, in accordance with the Court's 

opinion, that: 

1)  The portion of the trial court's judgment enjoining that 

portion of rule 300.104 that prohibits the “distribution” 

 
 
 
and  "retail  sale"  of  consumable  hemp  products  for 

smoking remains undisturbed; 

2)  The remainder of the trial court's judgment is reversed;  

3)  Judgment  is  rendered  that  Respondents  take  nothing 

on  their  claims  against  section 443.204(4)  and  those 

parts of rule 300.104 not still enjoined; and 

4)  Each party shall bear its own Court costs.   

Copies of this judgment  and the Court's opinion are certified to 

the 345th District Court of Travis County, Texas, for observance. 

Opinion of the Court delivered by Justice Boyd 

June 24, 2022 

********** 

2

Instrument

Smokable hemp manufacturing statute and retail rule injunction

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https://www.txcourts.gov/media/1454470/211045.pdf

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2026-11-02

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46f58ff1058de9d1

Supreme Court of Texas 

══════════ 
No. 21-1045 
══════════ 

Texas Department of State Health Services; John Hellerstedt, in 
His Official Capacity as Commissioner of the Texas DSHS, 

Appellants, 

v. 

Crown Distributing LLC; America Juice Co., LLC; Custom 
Botanical Dispensary, LLC; 1937 Apothecary, LLC, 

Appellees 

═══════════════════════════════════════ 
On Direct Appeal from the 
345th District Court of Travis County, Texas 
═══════════════════════════════════════ 

Argued March 22, 2022 

JUSTICE BOYD delivered the opinion of the Court. 

JUSTICE YOUNG filed a concurring opinion, in which Chief Justice 

Hecht, Justice Devine, and Justice Blacklock joined. 

The Texas Constitution guarantees that “[n]o citizen of this State 

shall be deprived of life, liberty, property, privileges or immunities, or in 

any  manner  disfranchised,  except  by  the  due  course  of  the  law  of  the 

land.” TEX. CONST. art. I, § 19. The plaintiffs in this case assert that this 

guarantee invalidates a new Texas law that prohibits the processing and 

 
 
manufacturing of smokable hemp products. The trial court agreed and 

permanently enjoined the defendants from enforcing the challenged law, 

and  the  defendants  directly  appealed  to  this  Court.1  Because  we 

conclude  that  the  due-course  clause  does  not  protect  the  interest  the 

plaintiffs assert, we reverse the trial court's judgment. 

I. 
Background 

The  federal  Agriculture  Improvement  Act  of  20182—commonly 

referred to as the 2018 Farm Bill—classified "hemp" as an agricultural 

product and generally authorized each state to decide whether and how 

to regulate it within the state’s borders. The bill delegated to the U.S. 

Department of Agriculture the responsibility for approving each state’s 

hemp-regulation plan and for implementing a federal plan for any state 

that  elects  not  to  adopt  its  own.  Although  "marihuana"  remains  a 

Schedule 1 substance under the federal Controlled Substances Act, the 

2018 Farm Bill excludes "hemp" and hemp products that are cultivated, 

produced,  manufactured,  and  sold 

in  compliance  with 

federal 

regulations and the relevant state’s federally approved plan.3 

1 See TEX. GOV'T CODE § 22.001(c) (“An appeal may be taken directly to 
the  supreme  court  from  an  order  of  a  trial  court  granting  or  denying  an 
interlocutory or permanent injunction on the ground of the constitutionality of 
a statute of this state.”). 

2 Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 

4490 (2018). 

3  See  21  U.S.C.  §§  802(16)(B)(i)  (defining  "marihuana"  to  exclude 
"hemp"), 812 Schedule 1(c)(10) (listing “[m]arihuana” as Schedule 1 substance); 
7 U.S.C. § 1639o(1) (defining "hemp"); 7 C.F.R. §§ 990.2–.20; 84 Fed. Reg. 58, 
522–63; see also generally Meina Heydari, The Budding Hemp Industry: The 
Effect of Texas House Bill 1325 on Employment Drug Policies, 15 HEALTH L. & 

2 

 
 
 
 
The Texas Legislature adopted a hemp plan at its next legislative 

session  in  2019.  Through  House  Bill  1325,4  the  legislature  enacted 

chapters  121  and  122  of  the  Texas  Agriculture  Code,  generally 

permitting and regulating the cultivation and handling of hemp within 

the  state.  TEX.  AGRIC.  CODE  §§ 121.001–122.404.  The  bill  also  added 

chapter 443 to the Texas Health and Safety Code, generally permitting 

and regulating the manufacture and sale of consumable hemp products 

within  the  state.  TEX.  HEALTH  &  SAFETY  CODE §§  443.001–.207. 

Chapter 443  expressly  authorizes  the  executive  commissioner  of  the 

Texas  Health  and  Human  Services  Commission  to  “adopt  rules  and 

procedures necessary to administer and enforce this chapter,” consistent 

with the state plan. Id. § 443.051.5  

The  Texas  hemp  plan  generally  permits  Texans  to  cultivate, 

handle,  transport,  export,  process,  manufacture,  distribute,  sell,  and 

purchase hemp and hemp-containing products within the state.6 But as 

POL'Y BRIEF 1, 11 (2020); David V. Patton, A History of United States Cannabis 
Law, 34 J.L. & HEALTH 1, 20 n.119 (2020); Lynn Garcia & Peter Stout, Hemp 
or Marijuana? The Importance of Accurate and Reliable Forensic Analysis to 
the Fair Administration of Justice, JUDGES’ J., Winter 2021, at 22. 

4  Act  of  May  22,  2019,  86th  Leg.,  R.S.,  ch.  764,  2019  Tex.  Gen.  Laws 

2085. 

5  Chapters  121,  122,  and  443  are  expressly  interrelated:  chapter  443 
requires  the  commissioner's  rules  and  procedures  to  be  consistent  with  “an 
approved  state  plan  submitted”  under  chapter  121,  TEX. HEALTH  &  SAFETY 
CODE § 443.051(1), and chapter 121 in turn requires the state plan to comply 
with chapters 122 and 443, TEX. AGRIC. CODE § 121.003(2), (3). 

6 The plan imposes various restrictions and limitations and requires a 
license or registration for some hemp-related activities. See TEX. AGRIC. CODE 
§§ 122.101(a)  (permitting  license  holders  to  "cultivate"  and  “handle”  hemp 
within the state and “transport” hemp outside the state), .301(a) (permitting 

3 

 
 
 
an exception to this otherwise broad authorization, the plan expressly 

prohibits  the  “processing”  or  "manufacturing"  of  hemp-containing 

products  “for  smoking.”7  Specifically,  chapter  122  prohibits  any  state 

agency from authorizing “a person to manufacture a product containing 

hemp  for  smoking.”  TEX.  AGRIC.  CODE  §  122.301(b).  And  chapter  443 

requires  the  commissioner's  rules  to  reflect  the  "principle"  that  “the 

processing or manufacturing of a consumable hemp product for smoking 

is prohibited.” TEX. HEALTH & SAFETY CODE § 443.204(4). Based on this 

mandate, the commissioner adopted rule 300.104, which prohibits the 

“manufacture”  and  “processing”  of  “consumable  hemp  products  for 

smoking.” 25 TEX. ADMIN. CODE § 300.104.8 

.302(a) 

manufacture  of  nonconsumable  hemp  products), 
(permitting 
possession, transport, sale, and purchase of legally produced nonconsumable 
hemp  products  within  the  state),  .303  (generally  permitting  retail  sale  of 
nonconsumable hemp products legally cultivated and manufactured outside of 
the state), .304 (generally permitting transport and export of nonconsumable 
hemp  products  across  state  lines);  TEX. HEALTH & SAFETY CODE  §§  443.101 
(permitting license holders to “process” and “manufacture” consumable hemp 
and hemp products within the state), .201 (permitting possession, transport, 
sale,  and  purchase  of  legally  processed  or  manufactured  consumable  hemp 
products), .2025(b) (permitting sale of consumable hemp products by registered 
persons), .205(a) (permitting distribution of properly labeled consumable hemp 
products), .206 (generally permitting retail sale of consumable hemp products 
legally  processed  and  manufactured  outside  of  the  state),  .207  (permitting 
transport and export of consumable hemp products across state lines). 

7 The bill defines “smoking” to mean “burning or igniting a substance 
and  inhaling  the  smoke  or  heating  a  substance  and  inhaling  the  resulting 
vapor or aerosol.” TEX. HEALTH & SAFETY CODE § 443.001(11). 

8 The rule also prohibits the “distribution[] or retail sale of consumable 
hemp  products  for smoking.”  25  TEX. ADMIN. CODE  §  300.104.  The  plaintiffs 
challenged  these  two  restrictions  not  only  on  constitutional  due-course 
grounds,  but  also  on  the  ground  that  these  restrictions  exceed  the 
commissioner's  statutory  authority  because  the  statutes  only  prohibit  (and 

4 

 
 
 
The plaintiffs in this case (collectively, the Hemp Companies) are 

Texas-based  entities  that  manufacture,  process,  distribute,  and  sell 

hemp  products—including  smokable  hemp  products—in  Texas.9  They 

filed  this  suit  against  the  Texas  Department  of  State  Health  Services 

and  its  commissioner  (collectively,  the  Department),  seeking  a 

declaration that section 443.204(4) and rule 300.104 violate the Texas 

Constitution's  due-course  clause  and  an  injunction  prohibiting  their 

enforcement.10  After  initially  granting a  temporary  injunction  against 

only authorize the rules to prohibit) the “processing” and “manufacture” of such 
products.  The  commissioner  initially  opposed  that  argument  but  has  now 
withdrawn that opposition in this Court. Thus, that portion of the trial court's 
judgment enjoining the rule’s prohibition against the “distribution” or “retail 
sale” of such products is not before us. 

9 Crown Distributing, LLC is a Texas-based distributor (and previously 
a  manufacturer)  of  hemp  products,  including  smokable  hemp  products  like 
hemp  cigarillos,  hemp  flower,  hemp  pre-rolls,  and  hemp  wraps  and  rolling 
paper. Wild Hempettes LLC is a Texas-based affiliate of Crown that assumed 
Crown’s  manufacturing  business  and  now  manufactures  smokable  hemp 
products. America Juice Co., LLC is a Texas-based affiliate of Crown that also 
manufactures and distributes consumable hemp products, including smokable 
hemp  products.  Custom  Botanical  Dispensary,  LLC  is  a  Texas-based  retail 
store that sells a variety of hemp products, including smokable hemp products 
and  raw  hemp  flower.  1937  Apothecary,  LLC  is  a  Texas-based  affiliate  of 
Custom Botanical that manufactures topical, ingestible, and smokable hemp 
products.  

10 The Hemp Companies initially challenged section 122.301(b) on the 
same  due-course  grounds  but  later  dropped  that  challenge  after  the 
Department  argued  that  section  122.301(b)  does  not  apply  to  the  Hemp 
Companies because it applies only to the manufacture of nonconsumable hemp 
products. As a result, the trial court's final judgment did not address or enjoin 
the  enforcement  of  section  122.301(b).  The  Department  now  argues  in  this 
Court that section 122.301(b) in fact does apply to the Hemp Companies and 
that they lack standing to pursue their claims because their alleged injury is 
not "redressable" in light of their failure to challenge the constitutionality of 
that section. See Meyers v. JDC/Firethorne, Ltd., 548 S.W.3d 477, 485 (Tex. 

5 

 
 
 
the  rule’s  enforcement,11  the  trial  court  rendered  a  final  judgment 

declaring  that  section  443.204(4)  violates  the  Texas  Constitution  and 

that rule 300.104 is invalid in its entirety and enjoining the Department 

2018) (explaining that a plaintiff lacks standing to pursue injunctive relief if 
the injunction "could not possibly remedy his situation" (quoting Heckman v. 
Williamson  County,  369  S.W.3d  137,  155  (Tex.  2012))).  According  to  the 
Department, the Hemp Companies lack standing because, even if we were to 
affirm the trial court's judgment enjoining enforcement of section 443.204(4) 
and rule 300.104, section 122.301(b) would still prohibit the Department from 
authorizing the Hemp Companies “to manufacture a product containing hemp 
for smoking.”  

But a court's ability to affect “the behavior of the defendant towards the 
plaintiff” and even “‘to effectuate a partial remedy’ satisfies the redressability 
requirement.” Uzuegbunam v. Preczewski, 141 S. Ct. 792, 801 (2021) (quoting 
Hewitt  v.  Helms,  482  U.S.  755,  761  (1987);  Church  of  Scientology  of  Cal.  v. 
United States, 506 U.S. 9, 13 (1992)). Because the final judgment here enjoins 
the  Department  from  enforcing  section 443.204(4)  and  rule 300.104,  the 
Department  cannot  prohibit  the  Hemp  Companies  from  manufacturing  or 
processing consumable hemp products for smoking. See 25 TEX. ADMIN. CODE 
§ 300.104. To the extent section 122.301(b) remains enforceable after the trial 
court's  judgment,  such  that  the  Department  “may  not  authorize  a  person  to 
manufacture  a  product  containing  hemp  for  smoking,”  TEX.  AGRIC.  CODE 
§ 122.301(b)  (emphasis  added),  the  final  judgment  nevertheless  enjoins  the 
State from prohibiting the Hemp Companies from manufacturing or processing 
consumable  hemp  products  for  smoking.  The  judgment  thus  provides  the 
Hemp Companies with at least "a partial remedy" sufficient to sustain their 
standing. 

11  Although  the  Hemp  Companies  sought  a  temporary  injunction 
against  enforcement  of  both  statutory  sections  and  the  rule,  the  trial  court 
granted the injunction only against enforcement of the rule. The Department 
appealed  that  order,  and  the  court  of  appeals  affirmed  the  injunction  only 
against enforcement of the rule’s prohibition of the “distribution” and “retail 
sale” of smokable hemp products. Tex. Dep't of State Health Servs. v. Crown 
Distrib., No. 03-20-00463-CV, 2021 WL 3411551, at *8 (Tex. App.—Austin Aug. 
8,  2021,  no  pet.)  (mem.  op.).  The  Hemp  Companies  have  since  been  selling 
smokable hemp in Texas under the injunction’s protection.  

6 

 
 
from  enforcing  the  statute  or  the  rule.  We  accepted  the  Department's 

direct appeal. 

II. 
Due Course of Law 

The  Hemp  Companies  assert  that  the  state’s  ban  against  the 

manufacturing  and  processing  of  smokable  hemp  products  in  Texas 

violates  the  Constitution's  due-course  clause  because  the  ban  has  no 

rational connection to any possible governmental  interest12 and its real-

world  effect  is  so  burdensome  as  to  be  oppressive  in  light  of  any 

governmental interest.13 They rely in particular on our decision in Patel 

12 To the extent, for example, that the ban is intended to reduce negative 
health  effects  or  other  harmful  consequences  resulting  from  the  use  of 
smokable hemp products, the Hemp Companies contend that the ban against 
in-state manufacturing or processing of such products does nothing to promote 
that  purpose,  particularly  when  the  state’s  hemp  plan  freely  permits  the 
importation, distribution, sale, possession, and use of smokable hemp products 
within  the  state.  And  to  the  extent  the  ban  is  intended  to  minimize  the 
difficulties law enforcement might have in distinguishing smokable hemp from 
smokable marijuana (which remains illegal in Texas), the ban does nothing to 
promote  that  purpose  for  the  same  reason:  banning  only  the  in-state 
manufacturing or processing of such products will not reduce the use of such 
products  within  the  state.  By  analogy,  the  Hemp  Companies  contend  that 
banning the in-state production of smokable hemp is as irrational as banning 
the in-state production of beef: the ban might force beef processors to move out 
of Texas and import their products into the state, but Texans would still sell, 
buy, and eat just as much beef. For the reasons explained below, we do not pass 
judgment on this no-rational-basis argument. 

13  The  Hemp  Companies  submitted  evidence,  for  example,  that 
smokable  hemp  products  are  by  far  the  most  expensive  and  popular  of  all 
consumable hemp products, and the inability to manufacture and process them 
in Texas would cause the Hemp Companies to lose many millions of dollars in 
profits.  And  although  they  could  (and,  indeed,  have  already  taken  steps  to) 
move  their  operations  across  the  state  line  into  Oklahoma,  that  transition 
would also cost them millions of dollars and cause dozens of Texas employees 

7 

 
 
 
 
v.  Texas  Department  of  Licensing  and  Regulation,  469  S.W.3d  69,  90 

(Tex.  2015)  (holding  that  state  licensing  requirements  for  commercial 

eyebrow threading were "so burdensome that they are oppressive"). 

Before  we  can  address  the  Hemp  Companies’  no-rational-basis 

and  oppressiveness  arguments,  however,  we  must  determine  whether 

the  Hemp  Companies  have  alleged  the  deprivation  of  an  interest  the 

due-course clause protects. See Honors Acad., Inc. v. Tex. Educ. Agency, 

555  S.W.3d  54,  61  (Tex.  2018)  (“Before  any  substantive  or  procedural 

due-process  rights  attach,  however,  the  citizen  must  have  a liberty  or 

property  interest  that  is  entitled  to  constitutional  protection.”).14  The 

Department  argued  in  the  trial  court  and  continues  to  argue  in  this 

Court that the due-course clause does not protect the Hemp Companies’ 

interest  in  manufacturing  or  processing  smokable  hemp  products. 

Under  our  “two-step  inquiry,”  we  address  this  argument  first.  Tex.  S. 

Univ. v. Villareal, 620 S.W.3d 899, 905 (Tex. 2021).15 Because we agree 

to  lose  their  Texas  jobs.  For  the  reasons  explained  below,  we  do  not  pass 
judgment on the Hemp Companies’ oppressiveness argument. 

14 See also Klumb v. Hous. Mun. Emps. Pension Sys., 458 S.W.3d 1, 15 
(Tex. 2015) (“Before any substantive or procedural due-process rights attach, 
however,  the  Petitioners  must  have  a  liberty  or  property  interest  that  is 
entitled  to  constitutional  protection.”);  Spring  Branch  I.S.D.  v.  Stamos,  695 
S.W.2d 556, 560 (Tex. 1985) (“[T]he strictures of due process apply only to the 
threatened  deprivation  of  liberty  and  property  interests  deserving  the 
protection of the federal and state constitutions.”). 

15 See Mosley v. Tex. Health & Hum. Servs. Comm’n, 593 S.W.3d 250, 
264  (Tex.  2019)  (“A  two-part  test  governs  a  due-process  claim:  we  must 
determine whether petitioners ‘(1) ha[ve] a liberty or property interest that is 
entitled to procedural due process protection; and (2) if so, we must determine 
what process is due.’” (quoting Univ. of Tex. Med. Sch. at Hous. v. Than, 901 
S.W.2d 926, 929 (Tex. 1995))); see also Logan v. Zimmerman Brush Co., 455 

8 

 
 
 
with  the  Department  that  the  due-course  clause  does  not  protect  the 

Hemp  Companies’  asserted  interest,  we  do  not  reach  the  inquiry’s 

second step.16 

A.  Work-related interests 

The  Hemp  Companies  assert  that  the  state’s  ban  on  the 

manufacturing  and  processing 

of 

smokable  hemp  products 

impermissibly infringes on their "liberty" and "property" rights to “work 

and earn a living.” This Court and the U.S. Supreme Court have at times 

recognized  that  the  due-course  and  due-process  clauses  can  protect 

work-related  economic 

interests,  which  have  sometimes  been 

characterized as the “right to earn a living,” Smith v. Decker, 312 S.W.2d 

632,  633  (Tex.  1958),  or  the  right  to  engage  in  a  "chosen  profession," 

Greene v. McElroy, 360 U.S. 474, 492 (1959).  

U.S. 422, 428 (1982) (“[W]e are faced with what has become a familiar two-part 
inquiry:  we  must  determine  whether  Logan  was  deprived  of  a  protected 
interest, and, if so, what process was his due.”); Bd. of Regents of State Colls. 
v. Roth, 408 U.S. 564, 569 (1972) (“The requirements of procedural due process 
apply  only  to  the  deprivation  of  interests  encompassed  by  the  Fourteenth 
Amendment’s protection of liberty and property.”). 

16  We  did  not  address  the  first-step  issue  in  Patel  because  the 
defendants  in  that  case  did  not  argue  that  the  plaintiffs  failed  to  assert  a 
protected  interest. Instead,  they  filed  a summary-judgment motion  in  which 
they assumed for purposes of the motion “that the [eyebrow threaders] had a 
protected, but not fundamental, liberty interest” and focused their arguments 
only on the second-step issue. See Patel v. Tex. Dep't of Licensing & Regul., 464 
S.W.3d  369,  381  n.12  (Tex.  App.—Austin  2012),  rev'd, 469  S.W.3d  69  (Tex. 
2015).  Because  the  trial  court  granted  the  motion  and  the  court  of  appeals 
affirmed, the  parties  never  presented to this Court  the  issue of whether  the 
eyebrow  threaders  asserted  a  protected  interest.  As  a  result,  we  referred  in 
Patel only generally to the eyebrow threaders’ "economic interests," Patel, 469 
S.W.3d at 75, 86, which they claimed were affected by “economic legislation” or 
“economic regulation statutes,” id. at 80, 87. 

9 

 
 
But  protected  work-related 

interests,  although  sometimes 

broadly  stated,  are  not  without  limits.  Neither  “property  rights  nor 

contract  rights  are  absolute,”  and  “[c]ertain  kinds  of  business  may  be 

prohibited”  altogether.  Nebbia  v.  New  York,  291  U.S.  502,  523,  528 

(1934) (footnotes omitted).17 The due-course clause is not so broad as to 

protect every form and method in which one may choose to work or earn 

a  living,  and  some  work-related  interests  do  not  enjoy  constitutional 

protection  at  all.  Many  cases  have  thus  described  the  constitutionally 

protected work-related interest more narrowly as a right to “engage in 

any of the common occupations of life,” Meyer v. Nebraska, 262 U.S. 390, 

399 (1923) (emphasis added),18 or as a right to follow or pursue a “lawful 

calling, business, or profession,” Dent v. West Virginia, 129 U.S. 114, 121 

(1889) (emphasis added).19 

17 See, e.g., Baccus v. Louisiana, 232 U.S. 334, 337–38 (1914) (affirming 
that states may, “without violating the equal protection or due process of law 
clause of the 14th Amendment, . . . forbid the sale by itinerant venders of ‘any 
drug,  nostrum,  ointment,  or  application  of  any  kind’”).  Because  the  U.S. 
Constitution's  "due  process"  clause  uses  language  similar  to  the  Texas 
Constitution's "due course" clause, we may find guidance in the federal courts’ 
due-process decisions. Villarreal, 620 S.W.3d at 905. 

18  See  also  Mosley,  593  S.W.3d  at  264;  Than,  901  S.W.2d  at  929–30 
(quoting Roth, 408 U.S. at 572); Roth, 408 U.S. at 572 (quoting Meyer, 262 U.S. 
at 399); Truax v. Raich, 239 U.S. 33, 41 (1915) (referring to the “right to work 
for a living in the common occupations of the community”) (emphasis added)). 

19  The  Hemp  Companies  assert  that  the  due-course  clause  protects—
and  that  section  433.204(4)  and  rule  300.104  violate—their  "substantive" 
work-related  rights,  but  they  do  not  argue  that  the  section  or  rule  deprives 
them  of  the  clause's  “procedural”  protections.  Our  concurring  colleagues 
suggest  that  we  should  reconsider  in  some  future  case  whether  the  Texas 
Constitution's  due-course  clause  guarantees  anything  other  than  procedural 
protections. See post at ___ (YOUNG, J., concurring). Because the Department 

10 

 
 
 
 
To  decide  this  case,  we  need  not  determine  precisely  what 

constitutes  a  "common  occupation"  or  a  "lawful  calling."  Nor  must  we 

decide  how  or  whether  Texas’s  due-course  clause  protects  all  such 

occupations  or  callings.  It  is  enough  to  observe  that  the  due-course 

clause, like its federal counterpart, has never been interpreted to protect 

a right to work in fields our society has long deemed “inherently vicious 

and  harmful.”  Murphy  v.  California,  225  U.S.  623,  628,  630  (1912) 

(stating  that  such  occupations  are  “neither  protected  by  the  state  nor 

the  Federal  Constitution”).  Historically,  for  example,  gambling  and 

racetrack ownership were not “one of life’s ‘common occupations,’” and 

the desire to make a living by owning such an enterprise does not fall 

within  the  "liberty"  or  "property"  interests  the  due-process  and  due-

course clauses protect. Medina v. Rudman, 545 F.2d 244, 251 (1st Cir. 

1976)  (explaining  that  an  “investment  in  such  an  enterprise,  when 

permitted  at  all,  is  plainly  open  to  the  strictest  kind  of  supervision”). 

Citizens  are  "bound  to  know"  that  such  occupations  can  “lawfully  be 

regulated  out  of  existence.”  Murphy,  225  U.S.  at  630  (rejecting 

has not raised this argument or otherwise urged us to reconsider our precedent 
on that issue, we do not address or take any position on it here.  

By  the  same  token,  because  the  Hemp  Companies  have  not  asserted 
that  the  section  or  rule  deprives  them  of  any  procedural  rights,  we  do  not 
address  whether  or  how  the  due-course  clause  might  provide  procedural 
protections in connection with their asserted interest. We hold that the Hemp 
Companies  have  not  alleged  a  liberty  or  property  interest  to which the  due-
course clause affords substantive protection, but we do not address whether or 
how the clause might procedurally protect related liberty or property interests. 
See  Villarreal,  620  S.W.3d  at  908–10  (assuming  due-course  clause  provided 
procedural  protections  against  the  deprivation  of  a  student’s  interest  in 
completing a graduate education while concluding it provided no “substantive 
protection” for that interest). 

11 

 
 
constitutional  challenge  to  an  ordinance  prohibiting  “the  keeping  of 

billiard or pool tables for hire”).  

Similarly,  some  occupational  interests  exist  only  because  the 

government has created them or made them available. For due-process 

and due-course purposes, such an interest is properly characterized as 

a form of "property" interest. Villareal, 620 S.W.3d at 908.20 But to be 

constitutionally protected, a property interest must be “vested.” Honors 

Acad.,  555  S.W.3d  at  61.  When  an  interest  “is  predicated  upon  the 

anticipated continuance” of an existing law and is “subordinate to” the 

legislature’s  right  to  change  the  law  and  "abolish"  the  interest,  the 

interest is not vested. City of Dallas v. Trammell, 101 S.W.2d 1009, 1013 

(Tex. 1937), superseded on other grounds by constitutional amendment 

as stated in Degan v. Bd. of Trs. of Dall. Police & Fire Pension Sys., 594 

S.W.3d 309, 313–14 (Tex. 2020).  

So,  for  example,  because  the  right  to  operate  a  charter  school 

“rests  entirely  on  the  Legislature’s  decision  to  continue  the  [charter-

school]  system,”  a  charter-school  operator  has  no  vested  property 

interest in its charter. Honors Acad., 555 S.W.3d at 62–63. Similarly, a 

government-issued permit to operate a private club that sells alcohol “is 

not a vested property right but is a privilege that is granted and enjoyed 

subject  to  regulations  prescribed  by  the  Legislature.”  Tex.  Liquor 

Control  Bd.  v.  Canyon  Creek  Land  Corp.,  456  S.W.2d  891,  895  (Tex. 

20  A  “liberty  interest,”  by  contrast,  “may  arise  from  the  Constitution 
itself, by reason of guarantees implicit in the word ‘liberty,’ or it may arise from 
an  expectation  or  interest  created  by  state  laws  or  policies.”  Wilkinson  v. 
Austin, 545 U.S. 209, 221 (2005) (citations omitted). 

12 

 
 
1970).21  As  "a  general  rule,"  constitutional  due-process  protections  do 

not “extend” to such privileges. House of Tobacco v. Calvert, 394 S.W.2d 

654, 656–57 (Tex. 1965).22 

B. 

The Hemp Companies’ asserted interest 

The  Hemp  Companies  have  described  their  interest  in  various 

ways. Most broadly, they have asserted a right to “economic liberty” and 

a "freedom to work and earn a living." Less broadly, they have described 

a “right to pursue a lawful calling” and “to engage in any of the common 

occupations  of  life.”  More  narrowly,  they  have  complained  that  Texas 

law deprives them “of the ability to manufacture in Texas a product that 

is lawful”; most narrowly, to engage in “the manufacture and processing 

of smokable hemp products from exempt portions of the cannabis plant.” 

The  Department  focuses  on  the  narrowest  description,  asserting  that 

the  “Hemp  Companies  have  neither  a  liberty  interest  nor  a  vested 

property  interest  in  manufacturing  or  processing  consumable  hemp 

products for smoking.”  

In some sense, all of these descriptions—the most general and the 

most  specific,  as  well  as  those  falling  between  the  two—accurately 

21 See also Tex. Dep't of Motor Vehicles v. Fry Auto Servs., 584 S.W.3d 
138,  143–44  (Tex.  App.—Austin  2018,  no  pet.)  (“Appellees’  ‘lawful  calling,’ 
unlike that protected in Patel, is wholly a creation of the government. As such, 
it does not fall under the shield of economic liberty addressed in Patel.”); Limon 
v. State, 947 S.W.2d 620, 626 (Tex. App.—Austin 1997, no writ) (“Because an 
alcoholic  beverage  permit  is  merely  a  privilege,  applicants  do  not  have  a 
constitutionally protected interest in obtaining it and are not entitled to due 
process of law.”). 

22 Once granted, a privilege that cannot be taken away except for good 
cause may rise to the level of a vested property right that the due-process and 
due-course clauses protect. House of Tobacco, 394 S.W.2d at 657. 

13 

 
 
identify the interest the Hemp Companies are asserting.23 We have not 

directly  addressed  the  question  of  how  generally  or  specifically  courts 

should  define  asserted  constitutional  interests,  but  we  need  not  fully 

resolve that question here. It is enough for present purposes to conclude 

that  we  should  define  the  interest  as  specifically  as  necessary  to 

accurately reflect the constitution's language ("liberty" and "property"), 

our precedential construction of that language, and the realities of the 

deprivation the Hemp Companies are claiming. 

Defining the interest in this case broadly, as a “right to economic 

freedom” or a right to “make a living” or to “engage in an occupation of 

one's  choosing,”  might  sufficiently  fit  within  the  due-course  clause's 

broad references to "liberty" or "property," but it would not reflect the 

well-established  precedent  recognizing  those  interests’  limitations  to 

“common occupations” and “lawful callings,” which exclude an interest 

in  an  "inherently  harmful  and  vicious"  economic  endeavor,  or  a  right 

that is not vested. Nor do the broad characterizations accurately reflect 

the realities of the deprivation the Hemp Companies assert. They do not 

23 See Randy E. Barnett, Scrutiny Land, 106 MICH. L. REV. 1479, 1489–
90 (2008) (describing how the plaintiff in Raich v. Gonzales, 500 F.3d 850, 863 
(9th Cir. 2007), claimed a right to “preserve her life” by using marijuana, while 
the government defined the interest as "the right to obtain and use marijuana," 
and contending that the “dirty little secret of constitutional law is that, purely 
as  a  descriptive  matter,  they  were  both  correct”);  Marc  P.  Florman,  The 
Harmless Pursuit of Happiness: Why “Rational Basis with Bite” Review Makes 
Sense for Challenges to Occupational Licenses, 58 LOY. L. REV. 721, 740 (2012) 
(discussing St. Joseph Abbey v. Castille, 712 F.3d 215 (5th Cir.), cert. denied, 
571 U.S. 952 (2013), and asserting that “[o]ne could just as accurately define 
the right the monks are attempting to assert in broad terms (economic freedom 
or liberty of contract), in narrow terms (the right to sell wooden caskets), and 
in  terms  somewhere  in  between  (e.g.,  the  right  to  work  in  one's  chosen 
profession without unnecessary regulation)”). 

14 

 
 
contend generally that the state’s hemp plan unconstitutionally restricts 

their  right  to  make  a  living  or  even  to  do  so  by  manufacturing  hemp 

products. In fact, they concede that, even with the prohibition against 

the production of smokable hemp products, Texas law permits them to 

be lawfully engaged in the hemp-products industry, although not nearly 

as  profitably.  Instead,  they  narrowly  challenge  only  the  specific 

prohibition against the manufacture and processing of smokable hemp 

products.  We  therefore  narrowly  define  their  asserted  interest 

accordingly  and  ask  whether  the  right  to  engage  in  that  economic 

endeavor enjoys the due-course clause's protection. 

C. 

Production of smokable hemp products 

The Hemp Companies argue that the due-course clause protects 

their asserted interest in a common and lawful occupation because, until 

the  enactment  of  House  Bill  1325,  Texas  law  always  permitted 

manufacturing and processing smokable hemp products. But in making 

that argument, the Hemp Companies conflate the substance defined as 

"hemp"  under  House  Bill  1325  (that  is,  the  substance  the  Companies 

want to use to manufacture and process smokable hemp products) and 

the  substance  commonly  known  as  "hemp"  throughout  American 

history.  To  explain,  we  must  conduct  a  fairly  thorough  review  of  the 

historical background leading up to the statutes now at issue.  

15 

 
1.  Hemp, Cannabis, CBD, and THC 

Initially,  the  term  "hemp"  was  used  generically  to  refer  to  a 

variety  of  fibrous  plants.24  After  Carl  Linnaeus  classified  the 

Cannabis genus of plants in 1753,25 the term was used to refer to various 

species  within  that  genus,26  and  ultimately  more  specifically  to  the 

species  Cannabis  sativa  L.27  Hemp—as  the  cannabis  plant  was 

commonly called—was a "staple crop" in the American colonies and used 

throughout  early  American  history  to  produce  a  number  of  products 

including clothing and other textiles, rope, paper, and medicines.28 After 

the cotton gin became more widely available in the early 1800s, however, 

the hemp industry began a steady decline.29 

The  Cannabis  sativa  L.  plant  naturally  produces  chemical 

compounds called cannabinoids.30 One such cannabinoid is cannabidiol, 

24  See  Ryan  Golden,  Dazed  &  Confused:  The  State  of  Enforcement  of 
Marijuana  Offenses  After  the  Texas  Hemp  Farming  Act,  72  BAYLOR  L.  REV. 
737, 739 (2020). 

25 See Patton, supra note 3, at 4. 

26  See  Few  v.  State,  588  S.W.2d  578,  581  (Tex.  Crim.  App.  1979) 
(“Cannabis sativa  L.  is the  name  bestowed on the Indian  hemp plant by  the 
Swedish botanist Carolus Linnaeus.”); Golden, supra note 24, at 739. 

27  See  generally  Capuano  v.  State,  No.  05-04-01832-CR,  2006  WL 
321964, at *4 (Tex. App.—Dallas Feb. 13, 2006, no pet.); Patton, supra note 3, 
at 4. 

28  See  Golden,  supra  note  24,  at  739;  Patton,  supra  note  3,  at  3; 
Marijuana: A Study of State Policies & Penalties, Nat’l Governors’ Conf. Ctr. 
for 
1, 
Analysis 
https://www.ojp.gov/pdffiles1/Digitization/43880NCJRS.pdf. 

1977) 

Rsch. 

(Nov. 

Pol'y 

at 

& 

29 See Marijuana: A Study of State Policies & Penalties, supra note 28, 

at 1. 

30 See Heydari, supra note 3, at 4–5. 

16 

 
 
commonly referred to as CBD.31 CBD is credited by some with providing 

relief for a variety of ailments when consumed, including inflammation, 

neurodegenerative diseases, epilepsy, seizures, pain, anxiety, psychosis, 

depression,  insomnia,  acne,  and  drug  addictions.32  Importantly,  CBD 

does not have psychoactive or psychotropic effects, and thus consuming 

CBD does not cause intoxication or produce a “high.”33 

The Cannabis sativa L. plant also produces another cannabinoid 

called  Delta-9  tetrahydrocannabidiol,  commonly  referred  to  as  THC.34 

THC  may  also  provide  relief  for  certain  ailments,  including  nausea, 

spasms, appetite loss, and neuropathic pain.35 But more famously, THC 

has  a  psychoactive  effect  that  produces  a  high  when  ingested  by 

humans.36 Historically, certain anatomical parts of the Cannabis sativa 

L. plant naturally contained more THC than others. In particular, the 

leaves, buds, and flowers typically contained higher levels of THC, while 

the mature stalks and seeds contained much lower levels.37 

31 See id. at 5. 

32  See  id.  at  4–5;  Robert  M.  Lydon,  High  Anxiety:  Forcing  Medical 
Marijuana Patients to Choose Between Employment and Treatment, 63 B.C. L. 
REV. 623, 625 n.12 (2022). 

33 See Patton, supra note 3, at 20 n.118; Heydari, supra note 3, at 4–5. 

34  See  Few,  588  S.W.2d  at  581;  Lydon,  supra  note  32,  at  625  n.12; 

Heydari, supra note 3, at 4–5. 

35 See Lydon, supra note 32, at 625 n.12; Heydari, supra note 3, at 4–5. 

36 See Few, 588 S.W.2d at 581; Lydon, supra note 32, at 625 n.12. 

37 See Golden, supra note 24, at 739; Garcia & Stout, supra note 3, at 

22-23. 

17 

 
 
 
2.  Government regulation and control 

Within the United States, the use of the Cannabis sativa L. plant 

as  an  intoxicant  developed  initially  along  the  Gulf  Coast  and  the  Rio 

Grande  in  the  early  1900s.38  Around  the  same  time,  Americans 

increasingly began referring to the plant by the name "marihuana" (or 

"marijuana"),39 particularly when used—or when referring to the parts 

of the plant used—to produce a high.40 The term "hemp" continued to be 

used within the context of industrial uses, but both terms—hemp and 

marihuana—referred to the same plant, the Cannabis sativa L.41 

As use of the Cannabis sativa L. plant as an intoxicant gained in 

popularity, government efforts to control, restrict, or prohibit that use 

quickly  followed.  By  1915,  the  City  of  El  Paso  adopted  one  of  the 

country’s first municipal ordinances banning the sale and possession of 

cannabis.42 Soon thereafter, Congress passed the Narcotic Drug Import 

and  Export  Act  of  1922,  prohibiting  the  importation,  exportation,  and 

38 Patton, supra note 3, at 5–6; Marijuana: A Study of State Policies & 

Penalties, supra note 28, at 2.  

39  “‘Marihuana,’  with  an  ‘H,’  is  the  traditional  spelling  in  the  United 
States, particularly in official, government documents. ‘Marijuana,’ with a ‘J,’ 
is  the  popular,  contemporary  spelling.”  Patton,  supra  note  3,  at  3  (footnote 
omitted). 

40 Julie Andersen Hill, Cannabis Banking: What Marijuana Can Learn 
from Hemp, 101 B.U. L. REV. 1043, 1046 n.7 (2021); Golden, supra note 24, at 
739. 

41 Hill, supra note 40, at 1046 n.7; Golden, supra note 24, at 739. 

42 Patton, supra note 3, at 6.  

18 

 
 
non-medical use of opiates and narcotics and establishing the Federal 

Narcotics Control Board.43  

Although commentators may debate whether Congress intended 

the  1922  Act  to  include  cannabis  among  the  regulated  “narcotics,”44 

regulatory  efforts  in  the  1930s  undeniably  focused  on  the  Cannabis 

sativa  L.  plant.  By  1931,  twenty-nine  states—including  Texas—had 

passed laws prohibiting "marihuana" use.45 By the mid-1930s, the Texas 

Legislature  had  enacted  a  series  of  statutes  making  it  illegal  to  sell, 

distribute,  or  possess  narcotics,  which  was  defined  to  include 

“marihuana,”  and  Texas  courts  were  deciding  cases  filed  under  those 

statutes, even if they weren't sure what marihuana was.46 

Congress's  next  step  was  to  enact  the  Marihuana  Tax  Act  of 

1937.47  The  1937  Act  did  not  directly  outlaw  marihuana,  but  instead 

imposed such demanding tax and administrative burdens on those who 

43 Id. at 7.  

44 Id. (suggesting that the term “‘narcotic’ was understood to mean any 
drug used by individuals of low socio-economic standing” and thus “cannabis 
was classified as a narcotic” (citing Richard J. Bonnie & Charles H. Whitebread 
II,  THE  MARIJUANA  CONVICTION:  A  HISTORY  OF  MARIJUANA  PROHIBITION  IN 
THE UNITED STATES 51 (1974))). 

45 Marijuana: A Study of State Policies & Penalties, supra note 28, at 2. 

46  See  Spangler  v.  State,  117  S.W.2d  63,  64  (Tex.  Crim.  App.  1938); 
Baker  v.  State,  58  S.W.2d  534,  534  (Tex.  Crim.  App.  1933)  (relying  on  a 
magazine's  description  of  "marihuana"  and  noting  that  “the  accuracy  of  the 
statement is not vouched for by the members of the court”); Santos v. State, 53 
S.W.2d  609,  609  (Tex.  Crim.  App.  1932);  Davila  v.  State,  298  S.W.  908,  908 
(Tex.  Crim.  App.  1927)  (reversing  conviction  for  selling  “Marijuana,  which 
seems to be a preparation used in a pipe or cigarette to smoke”). 

47 Marihuana Tax Act of 1937, Pub. L. No. 75-238, 50 Stat. 551 (1937) 

(repealed 1970); see Patton, supra note 3, at 9.  

19 

 
 
distributed,  sold,  or  possessed  it  that  it  “practically  curtailed  the 

marijuana  trade.”48  As  the  first  federal  law  directed  specifically  at 

curtailing the use of cannabis, the Act defined the term "marihuana" to 

mean “all parts of the plant Cannabis sativa L., whether growing or not; 

the seeds thereof; the resin extracted from any part of such plant; and 

every compound, manufacture, salt, derivative, mixture, or preparation 

of such plant, its seeds, or resins.” Marihuana Tax Act of 1937, Pub. L. 

No.  75-238,  sec.  1(b),  50  Stat. 551,  551  (1937)  (repealed  1970).  Based, 

however, on the common understanding that some of the plant’s parts 

did  not  contain  any  (or  much)  of  the  intoxicating  ingredient,  the 

definition expressly excluded from the term “the mature stalks of such 

plant, fiber produced from such stalks, oil or cake made from the seeds 

of  such  plant,  any  other  compound,  manufacture,  salt,  derivative, 

mixture,  or  preparation  of  such  mature  stalks  (except  the  resin 

extracted  therefrom),  fiber,  oil,  or  cake,  or  the  sterilized  seed  of  such 

plant which is incapable of germination.” Id. 

By  the  end  of  1937,  forty-six  of  the  forty-eight  states  and  the 

District of Columbia had enacted legislation prohibiting the possession 

and  use  of  marihuana.49  Nevertheless,  concerns  over  the  significantly 

increasing usage of illegal drugs led Congress to pass the Boggs Act of 

1951, substantially increasing the penalties for violations of the Narcotic 

Drug  Import  and  Export  Act  of  1922  and  the  Marihuana  Tax  Act  of 

48 Gonzales v. Raich, 545 U.S. 1, 11 (2005); see Heydari, supra note 3, at 

49 See Marijuana: A Study of State Policies & Penalties, supra note 28, 

4–5. 

at 4. 

20 

 
 
1937.50 Even further increases resulted from the passage of the Narcotic 

Control  Drug  Act  of  1956,  which  included  cannabis  among  the  list  of 

drugs to which it applied.51 Thirty-four states, including Texas, followed 

suit by enacting "Little Boggs Acts," increasing the penalties under their 

state drug laws.52 

The 1960s famously produced a substantial surge in marihuana 

use.53 In 1970, as part of President Nixon's "War on Drugs," Congress 

passed the Comprehensive Drug Abuse Prevention and Control Act and 

the  Controlled  Substances  Act,  categorizing  "marihuana"  as  a 

Schedule 1 drug, having the highest potential for abuse and no accepted 

medical use.54 “Cannabis has remained a Schedule I drug ever since.”55 

Like  the  Marihuana  Tax  Act  of  1937,  the  federal  Controlled 

Substances Act defined "marihuana" anatomically to mean “all parts of 

the plant Cannabis sativa L., whether growing or not; the seeds thereof; 

the resin extracted from any part of such  plant; and every compound, 

manufacture, salt, derivative, mixture, or preparation of such plant, its 

50 See id. at 4–5; Patton, supra note 3, at 9. 

51 See Marijuana: A Study of State Policies & Penalties, supra note 28, 

52 See Patton, supra note 3, at 12 & n.79. 

53 See Marijuana: A Study of State Policies & Penalties, supra note 28, 

at 5. 

at 5. 

54 Controlled Substances Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236 
(1970) (codified at 21 U.S.C. § 801); see Gonzales, 545 U.S. at 13-14; Patton, 
supra note 3, at 15. 

55 Patton, supra note 3, at 18. 

21 

 
 
seeds or resin.” 21 U.S.C. § 802(16)(A).56 But also like the 1937 Act, the 

definition excluded “the mature stalks of such plant, fiber produced from 

such  stalks,  oil  or  cake  made  from  the  seeds  of  such  plant,  any  other 

compound,  manufacture,  salt,  derivative,  mixture,  or  preparation  of 

such mature stalks (except the resin extracted therefrom), fiber, oil, or 

cake,  or  the  sterilized  seed  of  such  plant  which  is  incapable  of 

germination.” Id. § 802(16)(B)(ii). 

Because  the  Controlled  Substances  Act  completely  prohibited 

substances  containing  any  amount  of  THC,  the  federal  Drug 

Enforcement  Agency  interpreted  the  law  as  banning  all  forms  of  the 

Cannabis sativa L. plant, whether considered "hemp" or "marihuana."57 

As  a  result,  the  federal  government  “prohibited  all  forms  of  cannabis 

pursuant  to  the  [Controlled  Substances  Act]  until  the  passage  of  the 

2018 Farm Bill,” nearly fifty years later.58 When Texas enacted its own 

Controlled  Substances  Act  in  1973,  it  "carried  forward"  the  same 

definition from the federal law. Williams, 524 S.W.2d at 710.59 

56 See United States v. Moore, 446 F.2d 448, 450 (3d Cir. 1971); Williams 

v. State, 524 S.W.2d 705, 708 n.1 (Tex. Crim. App. 1975). 

57 See Heydari, supra note 3, at 10. 

58 Id. 

59 But see Few, 588 S.W.2d at 582–83 (discussing differences between 
the  federal  Controlled  Substances  Act  and  the  Texas  Controlled  Substances 
Act,  particularly  regarding  their  treatment  of  synthetic  hallucinogenic 
substances, and observing that the Texas “Legislature greatly expanded what 
was  the  more  restricted  definition  of  tetrahydrocannabinols  in  the  draft 
uniform act and the Federal law”). 

22 

 
 
3.  Decriminalization of cannabis 

The move to decriminalize cannabis began to gain ground in the 

mid-1990s.  From  1996  to  1998,  California,  Alaska,  Oregon,  and 

Washington revised their laws to allow the use of low-THC cannabis for 

medical purposes.60 By 2008, ten states had passed such laws, and Texas 

followed  suit  in  2015.  See  TEX.  OCC.  CODE  §§  169.001–.005.  In  2012, 

Colorado became the first state to legalize marihuana for recreational 

use.61  By  2020,  thirty-four  states  had  permitted  marihuana  use  for 

medical purposes and sixteen states and the District of Columbia had 

also  permitted  recreational  use.62  The  federal  Controlled  Substances 

Act,  however,  continues  to  list  marihuana  as  a  Schedule  1  controlled 

substance. See 21 U.S.C. § 812 Schedule 1(c)(10). 

4.  Authorized usage of "hemp" 

As mentioned, the federal Marihuana Tax Act and the federal and 

Texas  Controlled  Substances  Acts,  which  regulated,  taxed,  and 

prohibited the possession and use of “marihuana,” defined that term to 

mean  “all  parts  of  the  plant  Cannabis  sativa  L.,”  but  excluded  “the 

mature stalks” and seeds and various products made or derived from the 

stalks  or  seeds.  Id.  § 802(16);  see  TEX.  HEALTH  &  SAFETY  CODE 

§ 481.002(26).63  These  excluded  parts  and  products  were  “commonly 

60 Patton, supra note 3, at 19; Heydari, supra note 3, at 9. 

61 Heydari, supra note 3, at 9. 

62 Id.  

63  Nevertheless,  under  federal  law  as  construed  and  enforced  by  the 
Drug Enforcement Agency, all CBD was considered to be “marijuana-derived, 
and therefore, illegal.” Patton, supra note 3, at 20 n.119. 

23 

 
 
known  as  hemp,”  Hemp  Indus.  Ass’n  v.  Drug  Enf’t  Admin.,  333  F.3d 

1082, 1085 (9th Cir. 2003), although the statutes did not refer to them 

by that name. 

Congress began to change the legal landscape by passing the 2014 

Farm  Bill,  which  created  a  pilot  program  to  allow  more  extensive 

production and use of the Cannabis sativa L. plant for industrial (or, at 

least, non-intoxicating) purposes, while still continuing to prohibit the 

possession  and  use  of  the  plant  in  intoxicating  forms.64  Taking 

advantage  of  scientific  advancements  in  cultivation  and  testing 

methods,  the  2014  Farm  Bill  adopted  a  completely  new  approach  to 

distinguishing  between  legal  and  illegal  cannabis.  Instead  of  defining 

"marihuana" anatomically as all parts of the Cannabis sativa L. plant 

except  for  the  mature  stalks  and  seed  products,  the  2014  Farm  Bill 

defined it as all parts of the plant except for “hemp,” and then defined 

hemp  to  mean  all  parts  of  the  Cannabis  sativa  L.  plant  with  a  THC 

concentration of no more than 0.3 percent by dry weight. As a result, the 

statute distinguished between legal hemp and illegal marihuana based 

on  its  chemical  concentration  of  the  ingredient  that  produces  a  high, 

instead  of  on  the  anatomical  parts  that  historically  contained  that 

ingredient in higher concentrations. The 2014 Farm Bill thus provided 

a  real-world  experiment  allowing  for  "hemp"  production  while 

maintaining the longstanding prohibition against "marihuana."65 

64 Agricultural Act of 2014, Pub. L. No. 113-79, 128 Stat. 649, 912 (2014) 

(current version at 7 U.S.C. § 5940); see Patton, supra note 3, at 20 n.119. 

65 Heydari, supra note 3, at 10. 

24 

 
 
 
In 2018, Congress more broadly changed the landscape by passing 

the  2018  Farm  Bill.66  Like  the  2014  Farm  Bill,  the  2018  bill  defined 

"hemp" separately from “marihuana,” referring in both definitions to the 

Cannabis sativa L. plant but distinguishing between the two based on 

the plant’s or product’s concentration of THC. The bill removed “hemp,” 

as  now  defined,  from  federal  controlled-substance  schedules  and 

provided instead for it to be regulated as an agricultural product. And 

as mentioned, the bill permitted each state to develop its own plan for 

developing  the  hemp  industry  within  its  borders,  with  federal 

approval.67  

When Texas implemented its state hemp plan by passing House 

Bill  1325  the  following  year,  it  followed  the  federal  approach  to 

distinguishing  between  marihuana  and  hemp.  Specifically,  where  the 

statutes previously defined "marihuana" to mean “the plant Cannabis 

sativa  L.”  and  all  of  its  parts  and  derivatives,  except  for  its  “mature 

stalks”  and  certain  derivatives,  House  Bill  1325  added  an  exception 

listing  “hemp,  as  that  term is  defined  by Section  121.001,  Agriculture 

Code.” TEX. HEALTH & SAFETY CODE § 481.002(26). It also amended the 

Health  and  Safety  Code’s  definition  of  “Controlled  substance”  to 

expressly  exclude  “hemp,  as  defined  by  Section  121.001,  Agriculture 

Code,  or  the  tetrahydrocannabinols  in  hemp.”  Id.  §  481.002(5). And  it 

added section 121.001 of the Agriculture Code to define "hemp" to mean 

"the plant Cannabis sativa L." and all of its parts and derivatives with 

66 Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 

4490 (2018). 

67 See Garcia & Stout, supra note 3, at 22. 

25 

 
 
a  THC  concentration  “of  not  more  than  0.3  percent  on  a  dry  weight 

basis.” TEX. AGRIC. CODE § 121.001. 

As a result of these revisions, the Cannabis sativa L. plant and 

its  parts  and  derivatives  that  historically  were  illegal—including  the 

flowers, buds, leaves, and stems—can now be legally cultivated in Texas, 

so  long  as  they  contain  a  THC  concentration  of  no  more  than  0.3 

percent.68  Under  the  new  statutory  framework,  all  such  parts  of  the 

Cannabis sativa L. plant now qualify as “hemp,” and no longer qualify 

as  "marihuana."  Farmers  can  produce  hemp  by  controlling  a  plant’s 

THC levels in a number of ways, including by selective breeding and by 

harvesting the plant before its THC concentration exceeds 0.3 percent.69 

But the only way to distinguish between a legal "hemp" plant, part, or 

product and an illegal "marihuana" plant, part, or product is to test its 

THC concentration forensically; they are “virtually indistinguishable by 

sight or smell alone.”70 

D. 

Constitutional analysis 

With this background in mind, we must determine whether the 

Texas Constitution's due-course clause protects the Hemp  Companies’ 

68 The 2018 Farm Bill did not completely legalize all plants and products 
that  meet  the  new  definition  of  “hemp.”  Beyond  the  maximum-THC-
concentration  requirement,  the  bill  also  imposes  licensing,  registration, 
reporting,  testing,  and  other  requirements.  Cannabis  remains  a  scheduled 
substance under the Controlled Substances Act, and plants and products that 
are  cultivated,  handled,  manufactured,  processed,  distributed,  or  sold  in 
violation of these additional requirements remain illegal. See Heydari, supra 
note 3, at 11. 

69 See Garcia & Stout, supra note 3, at 22-23. 

70 Golden, supra note 24, at 740; see also Garcia & Stout, supra note 3, 

at 22-23; Heydari, supra note 3, at 6. 

26 

 
 
asserted  interest  in  manufacturing  or  processing  smokable  hemp 

products.  The  Department  argues  it  does  not  because  the  Companies 

“are not complaining of economic regulations that burden their exercise 

of  a  ‘lawful  calling.’”  Instead,  the  Department  contends,  the  Hemp 

Companies are complaining about the inability to produce products “in 

contravention of the law”—products that Texans could not even legally 

possess  until  “a  few  years  ago.”  According  to  the  Department,  the 

Companies have, at most, "a mere unilateral expectation" of being able 

to  produce  smokable  hemp  products  and  thus  do  not  complain  of  the 

deprivation of a vested right.  

By contrast, the Hemp Companies argue that they are asserting 

the  deprivation  of  a  protected  interest  because  “the  manufacture  and 

processing  of  smokable  hemp  products  from  exempt  portions  of  the 

cannabis plant was legal until § 443.204(4) was enacted.” Noting that 

the  Marihuana  Tax Act  of  1937 and  the  federal  and  Texas  Controlled 

Substances  Acts  excluded  “non-psychoactive  portions  of  the  cannabis 

plant”—“such  as  the  mature  stalks,  seeds,  fiber,  and  cannabis  seed 

oil”—from the definition of “marihuana,” the Companies assert that “the 

manufacture and sale of these hemp products has always been legal in 

the United States.” Based on these assertions, the Companies contend 

that section 443.204(4) deprives them of a protected interest because it 

completely bans them from engaging in a business that has always been 

lawful and would still be lawful if it weren't for that section's prohibition. 

See, e.g., Smith, 312 S.W.2d at 634 (holding that bail bondsmen had a 

“vested property right in making a living” by “performing their business 

otherwise lawful but for the statute in question”). 

27 

 
We  are  not  convinced.  The  Companies’  argument  conflates  the 

substances that were not prohibited before House Bill 1325 with those 

that are not prohibited after. Even assuming arguendo that a different 

regulatory history might produce a different result, the actual history of 

governmental regulation of "hemp" undermines the Companies’ claim. 

To  the  extent  the  manufacture  and  processing  of  smokable  "hemp" 

products was legal before section 443.204(4), it was legal only if those 

products were made from the exempt parts of the cannabis plant—the 

mature stalks or oils from the stalks or seeds. Any product made from 

other parts of the plant—the flowers, buds, or leaves, for example—was 

considered to be marihuana and was completely illegal under prior law. 

The record in this case establishes that the cannabis flower is the 

key  and  essential  ingredient  in  the  smokable  products  the  Hemp 

Companies desire to process and manufacture. As one witness testified, 

"ultimately  what  we  produce  is  a  flower."  To  manufacture  smokable 

hemp products, the Companies (1) take “raw hemp material” in “buck or 

shuck  form,  meaning  that  there’s  essentially  the  flower,  the  leaf,  and 

occasionally  some  seed  and  stems,”  (2)  “separate  out  the  seeds  and 

stems,”  (3)  "grind"  and  “sift”  the  “flower  and  make  sure  it's  the 

appropriate  size,”  (4)  "flavor  the  Hemp  material,"  and  then  (5) 

manufacture  "the  rods  of  the  smokable  hemp  product."  As  the 

Companies’ counsel summarized the evidence in the trial court, “there 

is no difference between hemp flower and smokable hemp. They are the 

same thing . . . . There is no distinction between the two.”  

As explained, the law has long prohibited the manufacturing or 

processing  of  any  smokable  (or  other)  product  using  or  containing  the 

28 

 
flower  of  the  Cannabis  sativa  L.  plant.  And  as  the  Companies 

acknowledge,  House  Bill  1325  “established  a  new  framework  for  the 

production, manufacture, retail sale, and inspection of hemp and hemp 

products.” Under this new framework, all plants and parts that qualify 

as "hemp" are excepted, but those are not the same substances that were 

colloquially referred to as "hemp" under the old framework. 

Nor  are  we  convinced  by  the  fact  that  the  Companies  began 

processing and manufacturing smokable hemp products after the 2018 

Farm  Bill  but  before  section  443.204(4)  became  effective.  The 

Companies  assert  that  they  began  manufacturing  smokable  hemp 

products that contained zero percent THC in the fall of 2018, with the 

approval  of  (or  at  least  without  any  objection  from)  the  federal  Drug 

Enforcement  Agency  and  the  Dallas  Police  Department.  The 

Department contends that such sales were nevertheless illegal at that 

time  because  Texas  did  not  remove  "hemp"  from  the  controlled-

substances schedules until March 2019.71 But in either event, we do not 

find  the  fact  that  the  Companies  may  have  “legally”  manufactured 

smokable  hemp  products  for  a  few  (or  even  several)  months  before 

section 443.204(4)  became  effective  in  June  2019  relevant  to  our 

analysis.  Even  if  there  had  been  a  few  months  during  which  the 

manufacture  of  smokable  hemp  was  lawful,  this  brief  window  would 

have existed only by a temporary administrative quirk in the process of 

the substance's partial "decriminalization." Such a fleeting “right” was 

71 See Dep't of State Health Servs., Order Removing Hemp, as Defined 
by the Agricultural Marketing Act of 1946, From Schedule I, 44 Tex. Reg. 1467, 
1467–69 (2019). 

29 

 
 
in  no  sense  “vested”  in  the  Companies,  which  had,  at  most,  a  mere 

anticipation  that  the  government  would  allow  a  right  it  created  to 

continue in existence. Nor would the uncertain state of the law for a few 

months  transform  the  long-prohibited  manufacture  of  smokable 

cannabis  flower  into  the  kind  of  “lawful  calling”  to  which  courts  have 

afforded constitutional protection. 

Ultimately, the Hemp Companies complain that Texas law does 

not  permit  them  to  manufacture  or  process  products  that  Texas  law 

prohibited for nearly a century. The legislature’s recent decision to adopt 

a  "new  framework"  that  permits  the  possession  and  use  of  those 

products,  and  even  allows  the  manufacture  and  processing  of  similar 

products,  does  not  transform  the  Hemp  Companies’  desire  to  produce 

products  that  the  law  still  prohibits  them  from  producing  into  a 

constitutionally protected interest. Considering the long history of the 

state’s  extensive  efforts  to  prohibit  and  regulate  the  production, 

possession,  and  use  of  the  Cannabis  sativa  L.  plant,  we  conclude  that 

the manufacture and processing of smokable hemp products is neither a 

liberty  interest  nor  a  vested  property  interest  the  due-course  clause 

protects.  It  is,  instead,  “purely  a  personal  privilege”  that  the  people’s 

elected representatives in the legislature may grant or withdraw as they 

see fit. State v. Bush, 253 S.W.2d 269, 272–73 (Tex. 1952). 

III. 
Conclusion 

We  hold  that  the  Hemp  Companies’  complaints  regarding 

section 443.204(4) and rule 300.104 do not assert the deprivation of an 

interest substantively protected by the Texas Constitution's due-course 

clause.  Because  the  Department  no  longer  defends  the  portion  of 

30 

 
 
rule 300.104  that  prohibits  the  “distribution”  and  "retail  sale"  of 

consumable  hemp  products  for  smoking,  the  trial  court's  injunction 

against enforcement of that portion remains. We otherwise reverse the 

trial court's judgment and render judgment accordingly. 

Jeffrey S. Boyd 
Justice 

OPINION DELIVERED: June 24, 2022 

31

Instrument

Texas DSHS v. Sky Marketing, No. 23-0887, judgment (Tex. May 1, 2026)

Source

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Supreme Court of Texas 

══════════ 
No. 23-0887 
══════════ 

Texas Department of State Health Services and  
Dr. Jennifer A. Shuford, in Her Official Capacity as  
Commissioner of the Texas Department of State Health Services, 

Petitioners, 

v. 

Sky Marketing Corp., d/b/a Hometown Hero; Create a Cig  
Temple, LLC; Darrell Surif; and David Walden, 

Respondents 

═══════════════════════════════════════ 
On Petition for Review from the 
Court of Appeals for the Third District of Texas 
═══════════════════════════════════════ 

JUDGMENT 

THE SUPREME COURT OF TEXAS, having heard this cause on petition for 

review from the Court of Appeals for the Third District, and having considered the 

appellate record and briefs, concludes that the court of appeals’ judgment should be 

affirmed in part and reversed in part. 

IT IS THEREFORE ORDERED, in accordance with the Court's opinion, that: 

1) 

2) 

3) 

The portion of the court of appeals’ judgment affirming the trial court's 
denial of the plea to the jurisdiction based on standing is affirmed, and 
the remainder of the court of appeals’ judgment is reversed; 

Judgment is rendered reversing the trial court's  grant of a temporary 
injunction and dismissing the respondents’ claims; and 

Each  party  shall  bear  its  own  costs  in  this  Court  and  the  court  of 
appeals. 

 
 
 
Copies of this judgment and the Court's opinion are certified to the Court of 

Appeals  for  the  Third  District  and  to  the  126th  District  Court  of  Travis  County, 

Texas, for observance. 

Opinion of the court delivered by Justice Young. 

Justice Sullivan did not participate in the Court's decision. 

May 1, 2026 

*********

Instrument

Texas DSHS v. Sky Marketing, No. 23-0887, mandate notice (Tex. June 5, 2026)

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THE SUPREME COURT OF TEXAS
Post Office Box 12248
Austin, Texas 78711
(512) 463-1312
Friday, June 5, 2026
District Clerk Travis County
Travis County Court
P. O. Box 679003
Austin, TX 78767
* DELIVERED VIA E-MAIL *
RE:
Case Number:  23-0887
Court of Appeals Number:  03-21-00571-CV
Trial Court Number:  D-1-GN-21-006174
Style: TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND DR. JENNIFER A. 
SHUFORD, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE TEXAS 
DEPARTMENT OF STATE HEALTH SERVICES
v.
SKY MARKETING CORP., D/B/A HOMETOWN HERO; CREATE A CIG TEMPLE, 
LLC; DARRELL SURIF; AND DAVID WALDEN
Dear Clerk:
The judgment of the Supreme Court of Texas is final in the above referenced cause and 
the enclosed mandate was issued today.  Enclosed with the mandate is a certified copy of our 
cost bill showing charges and payments as reflected by the record for your use in settlement 
between the parties.
Sincerely,
Blake A. Hawthorne, Clerk
by Monica Zamarripa, Deputy Clerk
cc:
Mr. Craig T. Enoch (DELIVERED VIA E-MAIL)
Ms. Andrea Steel (DELIVERED VIA E-MAIL)
Mr. Cory Scanlon (DELIVERED VIA E-MAIL)
Mr. Brendan Fugere (DELIVERED VIA E-MAIL)
Mr. Jeffrey D. Kyle (DELIVERED VIA E-MAIL)
Mr. John R. Johnson II (DELIVERED VIA E-MAIL)
Ms. Amanda  G. Taylor (DELIVERED VIA E-MAIL)
FILE COPY

THE SUPREME COURT OF TEXAS
Post Office Box 12248
Austin, Texas 78711
(512) 463-1312
Mr. Ron Beal (DELIVERED VIA E-MAIL)
Mr. David T. Poling (DELIVERED VIA E-MAIL)
FILE COPY

Instrument

Texas DSHS v. Sky Marketing, No. 23-0887, opinion (Tex. May 1, 2026)

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Supreme Court of Texas 
══════════ 
No. 23-0887 
══════════ 
Texas Department of State Health Services and  
Dr. Jennifer A. Shuford, in Her Official Capacity as 
Commissioner of the Texas Department of State Health Services, 
Petitioners, 
v. 
Sky Marketing Corp., d/b/a Hometown Hero; Create a Cig 
Temple, LLC; Darrell Surif; and David Walden, 
Respondents 
═══════════════════════════════════════ 
On Petition for Review from the 
Court of Appeals for the Third District of Texas 
═══════════════════════════════════════ 
Argued January 14, 2026 
JUSTICE YOUNG delivered the opinion of the Court. 
Justice Sullivan did not participate in the decision. 
The legislature has charged the commissioner of the Texas 
Department of State Health Services with primary responsibility for 
overseeing the civil schedules of controlled substances.  The statutory 
framework consciously, purposefully, and expressly authorizes her—
indeed requires her—to undertake this task with a substantial and 

2 
 
unusual degree of discretion.  That legislative choice is at least in part 
explained by the need for the executive branch to be capable of responding 
rapidly and authoritatively to emerging threats to public safety from the 
development of illicit and harmful substances.  
One such substance is manufactured delta-8 THC.  Delta-8 THC is a 
naturally occurring psychoactive compound found in exceedingly trace 
amounts in the cannabis plant (and therefore unable to produce any real or 
measurable psychoactive effect if consumed in its natural form).  
Technological developments now make it possible, however, to create 
artificial products containing a high concentration of manufactured delta-8 
THC—more than enough to create the "high" experienced by users of 
marijuana (or “marihuana,” as it is often spelled in government documents). 
Businesses that have developed these products claim that the 
legislature opened the market for them in 2019.  So when the commissioner 
attempted to clarify that, in fact, the legislature did not greenlight potent 
levels of manufactured delta-8 THC in consumable hemp products, a group 
of businesses and consumers asked a court to order her and the department 
to rewrite the schedules of controlled substances, primarily on the 
ground that the legislature legalized delta-8 THC in 2019, making the 
commissioner's actions impermissible and ultra vires.   
The trial court granted this relief in the form of a temporary 
injunction, which the court of appeals affirmed.  We now conclude that the 
lower courts exceeded their authority.   
If the legislature desires to legalize powerful drugs, it has every tool it 
needs to do so—and to do so unmistakably, as we expect for such a major 
change to social policy.  The role of the courts is merely to assess the state of 

3 
 
the law as it is.  That task is complex in this case because the law governing 
controlled substances is itself complex, both procedurally and substantively.  
The textual arguments pressed by respondents and adopted by the lower 
courts are forceful and warrant respect.  But those arguments are adequately 
addressed by the text, structure, and history of the Texas Controlled 
Substances Act, which has not divested the commissioner of discretion to 
include manufactured delta-8 THC as a controlled substance.  Those seeking 
a different result must look to the other branches of government. 
The judgment of the court of appeals is affirmed as to respondents’ 
standing and otherwise reversed.  We render judgment reversing the trial 
court's order granting the temporary injunction. 
I 
A 
Both federal and state law historically have treated all parts of 
the cannabis plant as “marihuana,” a Schedule I controlled substance.  
Cannabidiol (CBD) and tetrahydrocannabinols (THC) are compounds 
found in the cannabis plant.  THC, which creates the "high" marijuana 
users feel, exists in the form of isomers, including delta-8 THC.  Delta-8 
THC is present in exceedingly trace amounts in the cannabis plant. 
Congress enacted the 2018 Farm Bill, which amended the federal 
Controlled Substances Act to exclude "hemp" from the definition of 
"marihuana" and to exclude "[THC] in hemp" from Schedule I.  Agriculture 
Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 4490, 5018 (2018).  
The 2018 Farm Bill defined "hemp" as  
the plant Cannabis sativa L. and any part of that plant, 
including the seeds thereof and all derivatives, extracts, 
cannabinoids, isomers, acids, salts, and salts of isomers, 

4 
 
whether growing or not, with a delta-9 [THC] concentration 
of not more than 0.3 percent on a dry weight basis.  
Id. at 4908.   
Shortly thereafter, the legislature enacted the 2019 Texas Farm 
Bill, which adopted a near-identical definition of "hemp" and deleted hemp 
and the THC in hemp from the list of controlled substances under the 
Texas Controlled Substances Act.  Act of May 26, 2019, 86th Leg., R.S., 
ch. 764, §§ 2, 8, 2019 Tex. Gen. Laws 2085, 2086, 2100–01.  The term 
"marihuana" now "does not include . . . hemp," Tex. Health & Safety Code 
§ 481.002(26)(F), and the term “controlled substance” now “does not include 
hemp, . . . or the [THC] in hemp,” id. § 481.002(5) (emphasis added).  Under 
Texas law, "hemp" means 
the plant Cannabis sativa L. and any part of that plant, 
including the seeds of the plant and all derivatives, extracts, 
cannabinoids, isomers, acids, salts, and salts of isomers, 
whether growing or not, with a delta-9 [THC] concentration 
of not more than 0.3 percent on a dry weight basis. 
Tex. Agric. Code § 121.001.  The Texas Farm Bill did not itself amend the 
THC or “marihuana extract” definitions in the list of Schedule I controlled 
substances, but the commissioner subsequently amended the THC and 
"marihuana" definitions to conform the 2019 and 2020 Schedules to the 
2019 Texas Farm Bill.  See 44 Tex. Reg. 2514, 2516–17 (2019); 45 Tex. Reg. 
2249, 2251 (2020). 
In August 2020, the federal Drug Enforcement Administration 
issued an interim final rule that “amend[ed] the scope of substances falling 
within” the federal definition of Schedule I “marihuana extract” and clarified 
that “hemp-derived extracts containing less than 0.3%-THC content are 
also decontrolled along with the [hemp] plant itself.”  Implementation of 

5 
 
the Agriculture Improvement Act of 2018, 85 Fed. Reg. 51639, 51641–42, 
51644 (Aug. 21, 2020) (codified at 21 C.F.R. pts. 1308, 1312).   
Back in Texas, the commissioner objected to those DEA modifications 
“to the extent that the definitions allow for the presence or addition of 
[THC] aside from the presence of delta-9-[THC].”  45 Tex. Reg. 6613, 6614 
(2020).  Her objection was specifically authorized by Health & Safety Code 
§ 481.034(g), under which federal actions are automatically incorporated 
into Texas law unless the commissioner timely objects.  Her notice of 
objection was posted to the department's website in September 2020, and 
she held a public hearing the next month, but the department received no 
comments at the hearing or in writing. 
Accordingly, in January 2021, the commissioner issued a final 
decision declining to adopt the DEA's modifications.  See 46 Tex. Reg. 873, 
873–74 (2021).  She then updated Schedule I's THC and “marihuana 
extract” definitions to comport with the objection and to clarify Texas law 
in light of the change in federal law that had occasioned her objection: 
*(31) 
Tetrahydrocannabinols, 
meaning 
[THC] 
naturally contained in a plant of the genus Cannabis 
(cannabis plant), except for up to 0.3 percent delta-9-
[THC] in hemp (as defined under Texas Agriculture Code 
121Section 297A(1) of the Agricultural Marketing Act of 
1946), as well as synthetic equivalents of the substances 
contained in the cannabis plant, or in the resinous 
extractives of such plant, and/or synthetic substances, 
derivatives, and their isomers with similar chemical 
structure and pharmacological activity to those substances 
contained in the plant, . . . ; 
. . . 
*(58) Marihuana extract, meaning an extract 
containing one or more cannabinoids that has been derived 
from any plant of the genus Cannabis, except for extracts 

6 
 
derived from hemp (as defined under Texas 
Agriculture Code 121) containing up to 0.3% delta-9-
[THC] on a dry weight basis, other than the separated 
resin (whether crude or purified) obtained from the plant[.] 
Compare 46 Tex. Reg. 1763, 1768, 1770 (2021), with 45 Tex. Reg. at 
2251–52 (amendments bolded and struck through).  In October 2021, 
the department announced on its website that 
Texas Health and Safety Code Chapter 443 (HSC 443), 
established by House Bill 1325 (86th Legislature), allows 
Consumable Hemp Products in Texas that do not exceed 
0.3% Delta-9 [THC].  All other forms of THC, including 
Delta-8 in any concentration and Delta-9 exceeding 0.3%, 
are considered Schedule I controlled substances. 
(Emphasis added.) 
B 
The plaintiffs below, who are respondents in this Court, are a group 
of licensed manufacturers, registered retailers, and individual consumers—
collectively, the "vendors."  The vendors sued the department and the 
commissioner, seeking temporary and permanent injunctions and 
declaratory relief.  They allege that the 2018 Farm Bill and 2019 Texas 
Farm Bill opened a market for consumable hemp products containing 
manufactured delta-8 THC, which is converted from hemp-derived CBD 
through a variety of processes.  These products contain higher delta-8-THC 
concentrations than could ever naturally occur in the hemp plant.  The 
vendors entered this burgeoning delta-8-THC market, and the department 
issued licenses to some of the vendors and similarly situated businesses.  
Businesses and consumers thus operated under the assumption 
that only products with a delta-9-THC concentration over 0.3% were 
illegal.  But when the commissioner published the 2021 Schedules and 

7 
 
purported to control manufactured delta-8-THC products, hemp 
businesses scrambled to “pull products from the shelves, abruptly halt 
sales, [and] destroy significant amounts of inventory.”   
The vendors asserted ultra vires claims against the commissioner, 
alleging that she lacked discretion to modify the 2021 Schedules pursuant 
to Health & Safety Code § 481.034(g) and was instead required to, but did 
not, comply with other procedures enumerated in §§ 481.034–.035.  The 
vendors also brought a claim against the department under the Texas 
Administrative Procedure Act, asserting that the 2021 amendments and 
the October 2021 statement on the department's website were invalid 
“rules.”  The vendors further alleged that the department's website 
statement and the commissioner's modifications to the THC and 
“marihuana extract” definitions purported to control hemp products that 
the 2019 Texas Farm Bill expressly legalized.  The vendors therefore 
sought, among other relief, a temporary injunction “enjoin[ing] the 
effectiveness going forward of the amendments to the definitions for the 
terms ‘[THC]’ and ‘[m]arihuana extract’” in the 2021 Schedules. 
The department and commissioner responded with a plea to the 
jurisdiction, asserting sovereign immunity and challenging the vendors’ 
standing.  The commissioner and department first argued that the vendors 
lack standing because the department possesses only civil-enforcement 
authority and cannot criminally enforce the Texas Controlled Substances 
Act.  And because the vendors’ alleged injury arises from threat of criminal 
enforcement, that injury is not redressable by an injunction against the 
commissioner and department.   

8 
 
The commissioner further asserted that the vendors failed to allege 
a viable ultra vires claim because she acted within her § 481.034(g) 
authority to reject federal modifications to the THC and “marihuana 
extract” definitions.  THC, including delta-8 THC, has been a Schedule 
I controlled substance for over forty years, and the 2019 Texas Farm Bill 
created a limited exception for up to 0.3% concentration of delta-9 THC 
naturally contained in the cannabis plant.  Delta-8 THC occurs in almost 
undetectably trace amounts in hemp, but it can be derived synthetically 
from CBD to produce a dramatically higher concentration than that which 
occurs naturally in the cannabis plant.  Texas law considers such synthetic 
THC to be a Schedule I controlled substance.  See 46 Tex. Reg. at 1768 
(listing “synthetic equivalents of the substances contained in the cannabis 
plant, . . . and/or synthetic substances, derivatives, and their isomers 
with similar chemical structure and pharmacological activity to those 
substances contained in the plant” as Schedule I controlled substances). 
After a hearing, the trial court denied the plea to the jurisdiction 
and granted a temporary injunction preserving what it termed “the status 
quo that existed prior to” the allegedly ultra vires conduct and APA 
violation.  The court purported to enjoin “the effectiveness going forward of 
amendments to the terms ‘[THC]’ and ‘[m]arihuana extract’ in” the 2021 
Schedules and ordered the department to “remove from its currently 
published Schedule of Controlled Substances the most recent modifications 
of the definitions,” as well as “any subsequent publications of the same (if 
any).”  The court also purported to enjoin the “effectiveness going forward 
of the rule stated on [the department]’s website that Delta-8 THC in any 
concentration is considered a Schedule I controlled substance.”   

9 
 
The department appealed, see Tex. Civ. Prac. & Rem. Code 
§ 51.014(a)(4), (8); Tex. R. App. P. 28.1(a), and the court of appeals 
affirmed, 711 S.W.3d 227 (Tex. App.—Austin 2023).  The court held that 
the vendors have standing; the trial court did not err in denying the plea 
to the jurisdiction as to the vendors’ ultra vires and APA claims; and the 
trial court did not abuse its discretion in granting a temporary injunction.  
We granted the department's ensuing petition for review.  
II 
As always, our first obligation is to confirm the subject-matter 
jurisdiction of this Court and the lower courts.  Two justiciability doctrines 
are central to that inquiry here: standing and ripeness.   
Standing is about who can sue.  It concerns the nature and 
sufficiency of the plaintiff’s connection with the litigation’s subject matter, 
so that courts are not tempted to resolve legal issues at the request of 
someone lacking the requisite interest in the outcome.  That is why at least 
one named plaintiff must have a “personal stake” in a case and “be able to 
answer a basic question: ‘What's it to you?’”  Bost v. Ill. State Bd. of Elections, 
607 U.S. 71, 76 (2026) (quoting Antonin Scalia, The Doctrine of Standing 
as an Essential Element of the Separation of Powers, 17 Suffolk U. L. Rev. 
881, 882 (1983)); see also Heckman v. Williamson County, 369 S.W.3d 137, 
152 (Tex. 2012).  To answer this question, a plaintiff “must show (1) an 
‘injury in fact’ that is (2) ‘fairly traceable’ to the defendant’s challenged 
action and (3) redressable by a favorable decision.”  Abbott v. Mex. Am. 
Legis. Caucus, 647 S.W.3d 681, 690 (Tex. 2022).  
Ripeness, on the other hand, is about when a plaintiff—even one 
with a sufficient personal stake—may bring suit.  It probes whether the 

10 
 
dispute is one that is ready for judicial review.  Waco ISD v. Gibson, 22 
S.W.3d 849, 851–52 (Tex. 2000).  The touchstone of ripeness is “whether, 
at the time a lawsuit is filed, the facts are sufficiently developed ‘so that an 
injury has occurred or is likely to occur, rather than being contingent or 
remote.’”  Id. (quoting Patterson v. Planned Parenthood of Houston & Se. 
Tex., Inc., 971 S.W.2d 439, 442 (Tex. 1998)).  And if a plaintiff’s claimed 
injury-in-fact “is based on ‘hypothetical facts, or upon events that have not 
yet come to pass,’ then the case is not ripe[.]”  Sw. Elec. Power Co. v. Lynch, 
595 S.W.3d 678, 683 (Tex. 2020) (quoting Gibson, 22 S.W.3d at 852).  
Plaintiffs, therefore, may not invoke the judicial process merely because 
they contend that a law or other governmental action is unconstitutional 
or otherwise illegal, or even because they anticipate eventual harmful 
effects from such governmental conduct.  Reaching the merits of an unripe 
controversy constitutes issuing an advisory opinion, which is not within 
the authority that the Texas Constitution confers on the courts.  See Tex. 
Dep't of Fam. & Protective Servs. v. Grassroots Leadership, Inc., 717 S.W.3d 
854, 872 (Tex. 2025).  As with all the justiciability doctrines, ripeness helps 
ensure that the judiciary’s work always constitutes enforceable resolutions 
of genuine and live disputes.  See id. at 866–67. 
Ripeness and standing are distinct but have considerable overlap.  
Both doctrines “emphasize[] the need for a concrete injury for a justiciable 
claim to be presented.”  Lynch, 595 S.W.3d at 683 (quoting Patterson, 971 
S.W.2d at 442).  All justiciability doctrines “work together to ensure that 
at every stage of litigation, a live dispute exists that is proper for judicial 
resolution[.]”  Grassroots Leadership, 717 S.W.3d at 867.  A case failing one 
of the tests "often will fail" another.  Id.  Or, as here, a case passing one of 

11 
 
the tests often will pass the other.   
Our standing inquiry begins with the alleged injury-in-fact, which 
“must be concrete and particularized, actual or imminent, not hypothetical.”  
Heckman, 369 S.W.3d at 155 (quoting DaimlerChrysler Corp. v. Inman, 
252 S.W.3d 299, 304–05 (Tex. 2008)).  We assess whether a plaintiff has 
“plead[ed] facts demonstrating that he, himself (rather than a third party 
or the public at large), suffered the injury.”  Id.  
The vendors have met that burden.  According to their second 
amended petition, Sky Marketing Corporation, doing business as 
Hometown Hero, is a Texas business that openly sold delta-8-THC 
products in the wake of the 2019 Texas Farm Bill.  The business applied 
for a Texas Hemp License in September 2020, which the department 
issued in September 2021.  When the commissioner issued the 2021 
Schedules, Sky Marketing scrambled to pull its products, halt sales, and 
destroy inventory.  The alleged result was that Sky Marketing missed out 
on revenue previously earned through the sale and distribution of delta-
8-THC products, fired significant portions of its workforce, suffered harm 
to its business reputation, and was deprived of a property interest in its 
department-issued Texas Hemp License. 
Sky Marketing's cognizable injury is therefore straightforward.  It 
allegedly suffered lost sales and revenue resulting in economic and 
reputational harm.  The “loss of even a small amount of money is ordinarily 
an ‘injury’” for standing purposes.  Mosaic Baybrook One, L.P. v. Simien, 
674 S.W.3d 234, 251 (Tex. 2023) (quoting Czyzewski v. Jevic Holding Corp., 
580 U.S. 451, 464 (2017)); accord, e.g., Lexmark Int'l, Inc. v. Static Control 
Components, Inc., 572 U.S. 118, 125 (2014) (concluding that a company's 

12 
 
“allegations of lost sales and damage to its business reputation give it 
standing under Article III”); Bost, 607 U.S. at 78 (“[R]eputational harms, 
as a general matter, are classic Article III injuries.” (alteration in original) 
(quotation marks omitted)); see also, e.g., Diamond Alt. Energy, LLC v. 
EPA, 606 U.S. 100, 113–14 (2025) (holding that fuel producers’ “decrease 
in purchases of gasoline and other liquid fuels resulting from the California 
regulations hurt[] their bottom line” and such "monetary costs" were “of 
course an injury” (quotation marks omitted)).  
The second prong of our standing inquiry requires that Sky 
Marketing's alleged injury be fairly traceable to the department's conduct 
rather than the result of an “independent action of some third party not 
before the court.”  Heckman, 369 S.W.3d at 154 (quoting Simon v. E. Ky. 
Welfare Rights Org., 426 U.S. 26, 41-42 (1976)).  The vendors must show 
that there is “a causal connection between the injury and the conduct 
complained of.”  Id. (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–
61 (1992)).   
Here too, Sky Marketing has an obvious answer: as a department-
licensed business in a highly regulated industry, it must refrain from 
engaging in illegal conduct or else face civil penalties or revocation of its 
license and registration.  When the commissioner modified the schedules 
and announced that delta-8-THC products were banned, Sky Marketing 
was required to stop manufacturing and selling such products.  Failure to 
comply with the department's regulatory standards meant Sky Marketing 
stood to lose its license, which was “valid for one year and may be renewed 
annually, provided [it] remains in good standing.”  25 Tex. Admin. Code 
§ 300.502(c) (2020) (amended 2026).  And losing its license meant Sky 

13 
 
Marketing's operations would cease.  Indeed, the “whole point” of the 
amendments was to put an end to the very economic activity in which Sky 
Marketing was engaged.  Diamond Alt., 606 U.S. at 114 (reasoning that 
the challenged regulations "likely cause[d]" the plaintiffs’ injuries because 
the regulations targeted the plaintiffs’ market).   
To be clear, we are not asked to hold that allegations of vague 
consequences that may or may not follow from a general failure to obey the 
law can confer standing.  Were that enough, standing (and ripeness) would 
be a nullity.  This case’s context illustrates the kind of individualized 
circumstances that distinguish between mere disagreement with a law or 
governmental action (no standing) and actual or imminent injury caused 
by such an action (standing).  Sky Marketing is part of a highly regulated 
industry for which a license is affirmatively required to operate, and 
maintaining a valid license is expressly conditioned on strict compliance 
with the department's rules and regulations.  As these rules and 
regulations change, market participants are bound to adapt expediently.  
These conditions transform Sky Marketing's choice to comply into 
compliance based on the government's coercive power.  Like the difference 
between money voluntarily paid on a claim of right based upon one's 
independent understanding of his liability under the law and a mandatory 
payment made in response to a judgment of a court (even before the 
prevailing party has executed that judgment on him), see Miga v. Jensen, 
299 S.W.3d 98, 103–04 (Tex. 2009), licensed participants in this uniquely 
regulated market do not comply with the regulations voluntarily but 
mandatorily, under the shadow of the department's full enforcement 
authority.    

14 
 
Under the circumstances of this case, therefore, Sky Marketing was 
not obligated to bet the farm by violating Texas law and risking severe—
potentially fatal—penalties to obtain judicial review.  Indeed, its fears were 
rationally occasioned: a similarly situated business received a letter from 
law enforcement threatening not merely civil but criminal penalties 
because manufactured delta-8 THC is a controlled substance.  Because 
compliance caused Sky Marketing to suffer economic and reputational 
harm, and its compliance could in no way be described as voluntary, its 
injury is traceable to the department's actions.  
The final standing element requires that Sky Marketing's alleged 
injury be redressable—i.e., "likely to be redressed by the requested relief[.]"  
Heckman, 369 S.W.3d at 155.  “When a plaintiff is the ‘object’ of a 
government regulation, there should ‘ordinarily’ be ‘little question’ that 
the regulation causes injury to the plaintiff and that invalidating the 
regulation would redress the plaintiff’s injuries.”  Diamond Alt., 606 U.S. 
at 114 (quoting Lujan, 504 U.S. at 561).   
That principle applies here.  Invalidating the department's actions 
purporting to ban delta-8-THC products would redress at least some of Sky 
Marketing's monetary and reputational injury by allowing it to return to 
manufacturing and selling those products.  Our confidence in this conclusion 
is reinforced by the fact that manufactured delta-8-THC products have 
sprung back, and the hemp industry has operated and openly sold them 
without fear of department penalty, during the pendency of the trial court's 
temporary injunction.    
Yet the department asserts that because it cannot criminally 
enforce the schedules, an injunction would ring hollow.  The department is 

15 
 
correct that an “injunction is an empty vessel if the enjoined official never 
had the power to enforce the law in the first place.”  State v. Zurawski, 690 
S.W.3d 644, 659 (Tex. 2024).  But criminal enforcement is not the only way 
the law can have teeth.  The department's civil-enforcement authority is 
sharp enough.  See Tex. Health & Safety Code § 431.207(a)(7) (empowering 
the department to revoke or refuse to issue a license if an applicant or 
licensee violates the Texas Controlled Substances Act, which includes the 
schedules); id. § 431.021(x) (prohibiting the distribution or manufacturing 
of drugs without a department-issued license); id. § 431.058 (“The attorney 
general at the request of the department may bring a civil action to recover 
an administrative penalty.”).  The department has not disclaimed any 
intention to civilly enforce the schedules against Sky Marketing should the 
temporary injunction be lifted.  See In re Abbott, 601 S.W.3d 802, 812 (Tex. 
2020) (concluding that plaintiffs had no standing in part because “the State 
in its briefing disclaim[ed] any intention by the Governor or the Attorney 
General to affirmatively enforce” the challenged law).  
The injunction, therefore, would redress Sky Marketing's alleged 
injury.  See Zurawski, 690 S.W.3d at 660 (concluding that plaintiff’s Human 
Life Protection Act civil-enforcement claim was redressable by a favorable 
injunction against the attorney general because the attorney general could 
recover civil penalties for violations of the act).   
For similar reasons, we are also satisfied that this lawsuit is ripe for 
judicial review.  The coercive nature of this regulatory regime “as a practical 
matter require[d]” Sky Marketing "to adjust [its] conduct immediately," 
Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 891 (1990), and its swift 
compliance allegedly cost Sky Marketing at least 50% of its revenue 

16 
 
stream.  Given the coercive nature of the licensing regime that directly and 
extensively regulated Sky Marketing's business, its fears about 
department enforcement were concrete, not based on a speculative hunch 
about what might occur at some unascertainable time in a future, 
hypothetical enforcement scenario.  The pocketbook injury, which it alleges 
followed directly from compliance, is also sufficiently concrete.  See, e.g., 
Abbott Labs. v. Gardner, 387 U.S. 136, 153 (1967) (concluding that there 
was “no question” the pre-enforcement challenge was justiciable where the 
challenged regulation was “directed at [the plaintiffs] in particular;” the 
regulation “require[d] them to make significant changes in their everyday 
business practices;” and “if they fail[ed] to observe the [regulation, the 
plaintiffs were] quite clearly exposed to the imposition of strong 
sanctions”); cf. Abbott, 601 S.W.3d at 812 (“A plaintiff does not need to be 
arrested and prosecuted before suing to challenge the constitutionality of 
a criminal law.”).   
*
*
* 
The vendors allege that at least one named plaintiff, Sky Marketing, 
suffered lost sales and revenue resulting in economic and reputational 
harm.  This alleged injury can be traced directly to the modified schedules, 
over which the department exercises civil enforcement authority, and is 
redressable by an injunction prohibiting the department from enforcing 
certain amendments to the 2021 Schedules.  We therefore conclude that 
the vendors have standing and the claims are ripe for judicial review.  
III 
The vendors’ ultra vires claims can be distilled into two issues.  
The first is procedural: they allege that the commissioner exceeded her 

17 
 
discretion by modifying the 2021 Schedules in violation of Health & 
Safety Code § 481.034, which establishes the procedural avenues through 
which the commissioner may modify the schedules.  The second is 
substantive: the vendors allege that the commissioner acted beyond her 
statutory authority by modifying the 2021 Schedules in a manner contrary 
to the 2019 Texas Farm Bill.  
We conclude that the vendors do not allege a valid ultra vires claim, 
so sovereign immunity applies.  The commissioner lawfully modified the 
Schedule I terms THC and “marihuana extract” pursuant to § 481.034(g), 
and the amendments do not conflict with the 2019 Texas Farm Bill. 
A 
The commissioner's broad authority to amend the schedules flows 
from the Texas Controlled Substances Act, which directs her to “establish 
and modify the . . . schedules of controlled substances” in Schedules I–V, 
Tex. Health & Safety Code § 481.032(a), subject to certain procedural 
safeguards enumerated in § 481.034.  The commissioner may modify the 
schedules through two procedural avenues outlined in § 481.034.   
First, under subsection (g), “if a substance is designated, rescheduled, 
or deleted as a controlled substance under federal law and notice of that 
fact is given to the commissioner,” the commissioner “similarly shall 
designate, reschedule, or delete the substance, unless the commissioner 
objects during the period.”  Id. § 481.034(g).  If the commissioner objects, 
she "shall publish the reasons for the objection," “give all interested parties 
an opportunity to be heard,” and “publish a decision, which is final unless 
altered by statute.”  Id.   
Second, when the commissioner is not responding to a federal 

18 
 
change but has a separate reason for modifying the schedules—such as 
responding to new developments in the real world—she must comply with 
other procedural obligations.  She must, for example, “hold[] a public 
hearing on the matter in Austin and obtain[] approval from the executive 
commissioner,” id. § 481.034(b); consider eight factors in making her 
determination, id. § 481.034(d); make findings with respect to those 
factors, id. § 481.034(e); and give written notice to the director and the 
relevant state licensing agencies when she designates, deletes, or 
reschedules a substance, id. § 481.034(h).  She must also modify the 
schedules consistent with § 481.035, id. § 481.034(a)(1), and with the 
executive commissioner's approval, id. § 481.034(a)(3).  
The law also imposes substantive limitations on the commissioner's 
authority, but those limitations are strikingly narrow.  For example, she 
may not modify the schedules to “(1) add a substance to the schedules if 
the substance has been deleted from the schedules by the legislature; 
(2) delete a substance from the schedules if the substance has been added 
to the schedules by the legislature; or (3) reschedule a substance if the 
substance has been placed in a schedule by the legislature.”  Id. § 481.034(c).  
Those express limitations are notable because, in truth, they go without 
saying.  If a statute authorizes a particular substance, then it is hardly 
necessary to say that an administrative agency may not contradict it.  
Likewise, if a statute prohibits a substance, who could seriously argue 
that an agency could authorize it?  The limitations of § 481.034(c) are 
meaningful, therefore, primarily by signaling that only such a direct 
repudiation of the commissioner's decisions by the legislature can authorize 
the judiciary to set her decisions aside.  Section 481.034(c), in other words, 

19 
 
confirms that the legislature expected the commissioner to have an 
unusually high degree of discretion to modify the schedules and respond 
to new developments, which is especially important today, given the 
technological capacity to develop new chemicals quickly. 
Indeed, the Texas Controlled Substances Act's statutory history 
confirms that the legislature has provided basic principles as guidance but 
charges the department with primary responsibility for determining which 
specific substances should be controlled and to what schedule they should 
be assigned.  The legislature rarely adds or deletes controlled substances in 
Schedules I–V.  The Court is aware of only two instances in the past twenty 
or so years that the legislature has directly scheduled a substance: the 2019 
Texas Farm Bill and a 2009 amendment adding carisoprodol to Schedule 
IV.  See Act of June 1, 2009, 81st Leg., R.S., ch. 774, § 4, 2009 Tex. Gen. 
Laws 1961, 1963.  By contrast, the legislature has actively amended the list 
of controlled substances in the criminal Penalty Groups, which the 
department does not control.  See, e.g., Act of May 24, 2023, 88th Leg., R.S., 
ch. 910, §§ 2–3, 2023 Tex. Gen. Laws 2898, 2898–2902 (rescheduling 
substances from Penalty Group 1 to Penalty Group 1–B); Act of June 1, 
2021, 87th Leg., R.S., ch. 584, §§ 2–3, 2021 Tex. Gen. Laws 1174, 1177–78 
(creating Penalty Group 1–B and rescheduling various types of fentanyl 
from Penalty Group 1 to Penalty Group 1–B); Act of May 27, 2017, 85th 
Leg., R.S., ch. 491, §§ 1–2, 2017 Tex. Gen. Laws 1301, 1301–09 (adding six 
substances to Penalty Group 1 and three substances to Penalty Group 3).  
Beyond possessing broad discretion and primary regulatory 
authority over Schedules I–V, the commissioner's objections to federal 
changes are final—that is, a federal change becomes part of Texas law 

20 
 
automatically unless the commissioner objects, and if she does, the 
eventual decision is subject only to legislative revision.  It is “final unless 
altered by statute.”  Tex. Health & Safety Code § 481.034(g) (emphasis 
added).  Again, a statute will always trump agency action.  Adding “unless 
altered by statute” makes clear that no other basis for a challenge will be 
cognizable, so § 481.034(g) is tantamount to announcing that, should the 
commissioner's objection be problematic, the legislature will itself provide 
any correction. 
With this statutory framework in mind, we turn to the vendors’ 
ultra vires claims. 
B 
The vendors contend that the commissioner lacked discretion to 
modify the 2021 Schedules pursuant to § 481.034(g) because the DEA's 
interim final rule was not a scheduling event; the commissioner's objection 
was improper; the commissioner's objection did not authorize her to modify 
the schedules; and even if the amendments were procedurally authorized, 
they substantively conflict with the 2019 Texas Farm Bill.  We disagree 
with each contention.  
A plaintiff bringing an ultra vires claim must “establish that the 
[official] acted beyond [his] lawful authority” to survive a plea to the 
jurisdiction.  Chambers-Liberty Counties Navigation Dist. v. State, 575 
S.W.3d 339, 349 (Tex. 2019).  We then “determine whether, based on the 
limited record in th[e] interlocutory appeal, we agree with the [plaintiff] 
that the [official's action] conflicts with state law.”  Id.   
We have also explained that “the effect of a statute making an 
executive determination final is to broaden the executive's discretion by 

21 
 
disallowing challenges to executive decisions,” thereby rendering a 
challenge nonjusticiable when it “involve[s] executives acting of their own 
volition in making determinations.”  Willacy County Appraisal Dist. v. 
Sebastian Cotton & Grain, Ltd., 555 S.W.3d 29, 51 (Tex. 2018).  So too here.  
The commissioner's § 481.034(g) objections are “final” and therefore binding 
“unless altered by statute.”  Tex. Health & Safety Code § 481.034(g).  The 
finality provision inherently reposes substantial discretion in the 
commissioner.  
The vendors present significant and forceful arguments that the 
2019 Texas Farm Bill protects their chosen conduct, but they have not 
established an insoluble conflict between the commissioner's listing 
decision and the express terms of § 481.034(g) or the 2019 Texas Farm Bill.  
We accordingly hold that sovereign immunity applies because, as to both 
their procedural and substantive challenges, the vendors’ ultra vires 
claims fail.   
Start with procedure.  The commissioner acted within her discretion 
in determining that the federal rule effected a substantive alteration to a 
controlled substance under federal law, thereby triggering subsection (g).  
By its terms, the federal interim final rule “amend[ed] the scope of 
substances falling within” the definition of federal Schedule I “marihuana 
extract,” 85 Fed. Reg. 51641 (emphasis added), and "decontrolled" “hemp-
derived extracts containing less than 0.3%-THC content . . . along with the 
plant itself,” id. at 51644 (emphasis added).   
It was expressly within the commissioner's unreviewable, 
discretionary authority to object rather than allow the federal changes 
to automatically become part of Texas law.  We have no jurisdiction to 

22 
 
opine on the merits of the objection; as discussed, the legislature reserved 
to itself the exclusive authority to review a commissioner's objection 
pursuant to § 481.034(g).  See Willacy County, 555 S.W.3d at 51.  We do 
not understand the vendors to seriously challenge this legal position. 
We further conclude that § 481.034(g) authorized the commissioner 
to update Schedule I's THC and “marihuana extract” definitions to comport 
with her objection that the modified federal “definitions allow for the 
presence or addition of [THC] aside from the presence of delta-9-[THC],” 
45 Tex. Reg. at 6614, and to clarify Texas law in light of the change in 
federal law that had prompted her objection.  Because the modifications 
were made in response to federal law, the other procedures enumerated in 
§§ 481.034–.035 that bind the commissioner's unilateral modifications did 
not apply.   
The commissioner therefore complied with all the procedural 
requirements that governed her actions.  She published the reasons for the 
objection on the department's website.  See id. at 6613–14.  And she gave 
all interested parties an opportunity to be heard at the October 2020 public 
hearing (at which the department received no comments).  See 46 Tex. Reg. 
at 874.  Following the hearing, she published a final decision declining to 
adopt the DEA's modifications, see id. at 873–74, and later clarified Texas 
law in light of that objection, see id. at 1768, 1770.  There can be no real 
doubt that, in light of the broad discretion reposed in the commissioner, 
she possesses the authority to provide such clarifications about the 
legal regime that she is charged with superintending.  We hold that 
the 
commissioner complied 
with 
the 
procedural 
requirements 
enumerated in § 481.034(g), which means that the vendors’ procedural 

23 
 
ultra vires claim fails and sovereign immunity applies.  
Next, the substantive ultra vires claim.  The vendors contend that 
the 2019 Texas Farm Bill decontrolled all non-delta-9 THC, including 
delta-8 THC at any concentration.  They assert that only products with a 
delta-9-THC concentration over 0.3% are illegal, so the commissioner's 
2021 modifications contravened the 2019 Texas Farm Bill.  
That view is plausible and indeed rooted in the statutory text.  The 
2019 Texas Farm Bill removed "hemp" and “the [THC] in hemp” from 
Schedule I.  Tex. Health & Safety Code § 481.002(26)(F).  And hemp is any 
part of the cannabis plant “with a delta-9 [THC] concentration of not more 
than 0.3 percent on a dry weight basis.”  Tex. Agric. Code § 121.001 
(emphasis added).  The legislature thus imposed a 0.3% delta-9-THC 
content limit—all parts of the cannabis plant with a delta-9-THC 
concentration of greater than 0.3% are marijuana (a Schedule I controlled 
substance), and all parts of the plant with a delta-9-THC concentration less 
than or equal to 0.3% are hemp (and therefore decontrolled).  Since 
manufactured delta-8-THC products are converted from CBD, a substance 
below that 0.3% delta-9-THC limit, the 2019 Texas Farm Bill could be read 
to authorize manufactured delta-8-THC products.   
But our understanding of and respect for this textual argument does 
not entail an ultra vires finding because the argument does not reflect the 
most natural interpretation given the Texas Controlled Substances Act's 
text, structure, and statutory history.  We have long recognized the 
“fundamental principle of statutory construction that words’ meanings 
cannot be determined in isolation but must be drawn from the context in 
which they are used.”  Willacy County, 555 S.W.3d at 39.  We therefore 

24 
 
“avoid construing a statutory provision in isolation from the rest of the 
statute” and instead “consider the act as a whole, and not just single 
phrases, clauses, or sentences.”  Cities of Austin, Dallas, Fort Worth & 
Hereford v. Sw. Bell Tel. Co., 92 S.W.3d 434, 442 (Tex. 2002).   
The legislature went to considerable effort to create a reticulated 
legal structure where the commissioner is the primary decisionmaker in 
establishing and modifying the schedules.  It empowered the commissioner 
with broad discretion—subject only to the obvious limitation that her 
actions cannot contravene what the legislature itself has decreed by 
statute.  See Tex. Health & Safety Code § 481.034(c).  And if she oversteps 
(or understeps), the legislature has made itself the primary entity for 
correction.  The legislature has rarely disturbed the commissioner's 
decisions, which further justifies regarding the commissioner as exercising 
primary regulatory authority; but in those rare instances when the 
legislature has spoken in this area, it has done so clearly and 
unambiguously.  See, e.g., id. § 481.037 (“Schedule IV includes 
carisoprodol.”); id. § 481.002(26)(F) (“‘Marihuana’ . . . does not include 
hemp”); id. § 481.002(5) (“‘Controlled substance’ . . . does not include 
hemp, . . . or the [THC] in hemp.”).  We would expect such a clear and 
unambiguous response in this instance, too, if the commissioner indeed 
had exceeded her mandate. 
When the legislature adds, deletes, or reschedules substances, 
therefore, it speaks with clarity if it means to upend a historic regulatory 
principle.  That practice comports with the familiar maxim that legislatures 
don't "hide elephants in mouseholes."  Whitman v. Am. Trucking Ass'ns, 
531 U.S. 457, 468 (2001).  Absent a clear statement, we decline to imply 

25 
 
significant disruptions to the commissioner's longstanding regulatory 
authority.  Said differently, if the legislature wishes to eliminate the 
commissioner's discretion in this highly discretion-laden area, it will do 
so clearly.  
These principles require us to reject the vendors’ assertion that the 
legislature put the elephant of all THC (even THC created wholly 
artificially) in the mousehole that governs only the natural plant itself.  
The legislature amended the definition of "marihuana" by exempting and 
defining “hemp,” which covers only the naturally occurring constituents of 
THC in hemp.  See Tex. Agric. Code § 121.001.  Because the legislature’s 
"hemp" exception does not unambiguously include the naturally occurring 
hemp plant and a final consumable product containing levels of THC that 
substantially exceed those naturally existing in any actual hemp plant, we 
must reject the contention that the 2019 Texas Farm Bill itself decontrolled 
anything more than the exceedingly trace amounts of delta-8 THC that 
naturally occur in hemp.  Holding otherwise would require us to accept the 
doubtful premise that the legislature decontrols potent substances 
(here, THC and marijuana extract) casually or by implication. 
Embracing the vendors’ argument would also require us to conclude 
that consumable hemp products containing potent levels of delta-8 THC 
cannot be illegal synthetic analogues (as the department treats them).  It 
would require us to understand the term “all derivatives” in the definition 
of "hemp" to encompass not only the plant itself and its naturally occurring 
compounds, but also any compound at any potency that theoretically could 
be derived from the hemp plant by someone in a lab—even if such a 
compound never appears or could appear in nature and even if the final 

26 
 
product emulates the THC in marijuana.  Again, if the legislature intended 
such a massive change to such a significant area of social policy, we would 
expect it to speak clearly.  Otherwise, we cannot conclude that it intended 
so indirectly to remove the commissioner's discretion to designate 
manufactured products with potent THC levels as synthetic equivalents 
to marijuana.  
There is one potential conflict between the amended schedules and 
the 2019 Texas Farm Bill, but it is one that the government has disclaimed 
any intention to enforce—in part because it cannot.  The 2019 Texas Farm 
Bill excluded "[THC] in hemp" from the definition of "controlled substance," 
Tex. Health & Safety Code § 481.002(5), and it is undisputed that delta-8 
THC is naturally present in trace amounts in the hemp plant—so trace, in 
fact, that it apparently is almost impossible even to test for it.  These 
naturally occurring delta-8-THC isomers were decontrolled by statute.  
There is therefore at least some theoretical tension between the 2019 Texas 
Farm Bill and the 2021 Schedules, which narrowed the THC-in-hemp 
exemption by controlling all but one naturally occurring THC isomer in 
hemp—delta-9 up to 0.3% dry weight.  See 46 Tex. Reg. at 1768 (exempting 
"up to 0.3 percent delta-9-[THC] in hemp" from the term THC in Schedule 
I (emphasis added)).  
The commissioner, however, has represented to the Court that 
delta-8 THC that naturally occurs in the hemp plant is tolerable under the 
current legal regime.  In light of reality, in which such amounts are not 
even detectable, how could she do otherwise?  For that same reason, 
however, this concession is of no benefit to the vendors.  The manufactured 
delta-8-THC products the vendors wish to manufacture and sell 

27 
 
substantially—dramatically—exceed the delta-8-THC content that 
naturally exists in any actual hemp plant.  An injunction against the 
commissioner, who has disclaimed any intention to enforce the only conflict 
between the 2021 Schedules and the 2019 Texas Farm Bill, would 
therefore be an "empty vessel" courts lack subject-matter jurisdiction to 
issue.  Zurawski, 690 S.W.3d at 659.   
*
*
* 
The legislature clearly defined "hemp" to encompass the plant itself 
and the compounds as found in the plant.  The legislature gave that inch, 
but the vendors claim a mile—that the legislature exempted all THC, even 
in non-naturally-occurring ways.  We reject that contention, which would 
unsettle the structure of this highly regulated area of law and inject the 
judiciary into matters wholly occupied by the other branches.  Until there is 
a clear withdrawal of the commissioner's discretion, no court can properly 
deem the commissioner's listing decisions to have been made ultra vires.  
IV 
We turn now to the APA claim against the department.  This claim 
arises out of the department's October 2021 website announcement that 
“[a]ll other forms of THC, including Delta-8 in any concentration and Delta-
9 exceeding 0.3%, are considered Schedule I controlled substances.”  
(Emphasis added.)  The vendors allege that this website statement 
constitutes an APA “rule” that was published without the required public 
notice, opportunity for comment, or reasoned justification.  And because 
the APA waives sovereign immunity for a claim challenging the validity or 
applicability of an agency’s rule “if it is alleged that the rule or its 
threatened application interferes with or impairs . . . a legal right or 

28 
 
privilege of the plaintiff,” Tex. Gov't Code § 2001.038(a), they argue the 
APA claim survives the department's plea to the jurisdiction.  
It is not the APA, however, but the Texas Controlled Substances Act 
that governs the department's publication of modifications to the Texas 
schedules.  Where a “well-established regulatory scheme and the legislation 
governing it” provide the procedures agencies must follow in taking specific 
actions, APA procedures do not apply.  PUC v. RWE Renewables Ams., 
LLC, 691 S.W.3d 484, 492 (Tex. 2024).  Section 481.034 and the broader 
Texas Controlled Substances Act provide a “well-established regulatory 
scheme” for establishing, modifying, and publishing the schedules, so the 
APA is the wrong statutory framework to invoke. 
It would make little sense for modification and publication of the 
schedules themselves to be subject to § 481.034 procedures but a mere 
website-published policy statement purporting to summarize or describe 
such modifications and publications be subject to separate APA 
procedures.  Otherwise, almost any governmental statements about the 
government's understanding of current policy or law in any context 
imaginable could be converted into APA "rulemaking" subject to judicial 
scrutiny.  Cf. TEA v. Leeper, 893 S.W.2d 432, 443 (Tex. 1994) (“Not every 
statement by an administrative agency is a rule for which the APA 
prescribes procedures for adoption and for judicial review.”).  Would a 
speech by an executive-branch official—perhaps the governor himself—
describing a view of current law constitute APA "rulemaking"?  Why not, 
if a website’s comment about public policy would? 
We hold instead that an agency pronouncement purporting to 
merely summarize rules promulgated via a non-APA process is not itself 

29 
 
an APA rule.  The statement did not purport to amend the schedules.  Even 
if it had, however, it would have been subject not to APA procedures but to 
§ 481.034.  Moreover, the department acknowledges that the announcement 
has no independent legal effect.  No one can be civilly penalized for 
violating the statement.  Cf. El Paso Hosp. Dist. v. Tex. Health & Hum. 
Servs. Comm’n, 247 S.W.3d 709, 714 (Tex. 2008) (indicating that APA rules 
carry the "effect of law").  Unsurprisingly, the department has disclaimed 
any intention to enforce the website statement.  An injunction purporting 
to invalidate such a statement’s effectiveness would be meaningless, not to 
mention an unacceptable intrusion by the judiciary into the work of a 
co-equal branch of government.  Sovereign immunity bars the vendors’ 
APA claims.  
V 
Because sovereign immunity bars the vendors’ claims, the 
temporary injunction must be reversed.  Two features of the trial court's 
injunction, however, warrant mention.  
First, the trial court ordered the department to “remove from its 
currently published Schedule of Controlled Substances the . . . 
modifications of the definitions to the” terms THC and “marihuana 
extract,” as well as “any subsequent publications of the same (if any).”  The 
temporary injunction, in other words, goes beyond vindicating what the 
trial court mistakenly understood to be the rights of parties before it, and 
actually purports to instruct policymakers in the executive branch to 
rewrite the schedules themselves.  Such an order aggrandizes judicial 
power and transgresses the separation of powers.  Cf. Whole Woman’s 
Health v. Jackson, 595 U.S. 30, 44 (2021) (“[U]nder traditional equitable 

30 
 
principles, no court may ‘enjoin the world at large,’ or purport to enjoin 
challenged ‘laws themselves.’” (citations omitted)); Jonathan F. Mitchell, 
The Writ-of-Erasure Fallacy, 104 Va. L. Rev. 933, 936 (2018) (arguing that 
federal courts lack “authority to erase a duly enacted law from the statute 
books, and they have no power to veto or suspend a statute”).  
Second, the trial court's temporary injunction prohibits enforcement 
of the amendments against anyone in the State, not just the plaintiffs to 
this lawsuit.  The U.S. Supreme Court has instructed federal courts that 
such “universal injunctions” “likely exceed the equitable authority that 
Congress has granted to” those courts.  Trump v. CASA, Inc., 606 U.S. 831, 
837 (2025).  We have held that orders issued pursuant to Texas Rule of 
Appellate Procedure 29.3 cannot grant relief to “any and all nonparties who 
may find themselves in circumstances similar to the plaintiffs’” in a suit.  In 
re Abbott, 645 S.W.3d 276, 283 (Tex. 2022) (quotation marks omitted).  We 
need not resolve whether the scope and nature of the trial court's temporary 
injunction here was improper because we reverse it on other grounds, but 
we caution Texas courts to ensure that any injunction they issue is no 
broader than necessary to protect the rights of the parties before them.    
*
*
* 
We affirm the judgment of the court of appeals as to standing and 
reverse as to the ultra vires and APA claims.  We render judgment 
reversing the trial court's order that granted the temporary injunction.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Evan A. Young 
 
 
 
 
 
Justice 
OPINION DELIVERED: May 1, 2026

Instrument

Texas DSHS v. Texas Hemp Business Council, No. 15-26-00099-CV, emergency relief order (Tex. App. June 5, 2026)

Source

https://search.txcourts.gov/SearchMedia.aspx?DT=Order&MediaID=e5f00244-d5a9-4679-9313-600dbb19aeb0&MediaVersionID=d759a73d-1786-432a-9b76-5f65274885cb&coa=coa15

Retrieved

2026-11-02

Fingerprint

cc2f5dfdf80284a7

Order filed June 5, 2026.   
 
 
 
 
In The 
Fifteenth Court of Appeals 
____________ 
NO.  15-26-00099-CV 
____________ 
TEXAS DEPARTMENT OF STATE HEALTH SERVICES; JENNIFER 
SHUFORD, IN HER OFFICIAL CAPACITY AS THE 
COMMISSIONER OF THE DEPARTMENT OF STATE HEALTH 
SERVICES; TEXAS HEALTH AND HUMAN SERVICES 
COMMISSION; STEPHANIE MUTH, IN HER OFFICIAL 
CAPACITY AS EXECUTIVE COMMISSIONER OF HHSC; 
WARREN KENNETH PAXTON JR., IN HIS OFFICIAL CAPACITY 
AS THE ATTORNEY GENERAL OF TEXAS, Appellants 
V. 
TEXAS HEMP BUSINESS COUNCIL; HEMP INDUSTRY & FARMERS 
OF AMERICA; ALCHEMY TX CONSULTING, LLC; A TO Z 
IVESTMENTS AND WHOLESALE, LLC; CPRT AND COMPANY, 
LLC D/B/A SERENITY ORGANICS; TEXAS GREEN CRAFT, LLC 
AKA TEXAKANA ORGANICS; ELEVATE ONE TX, LLC D/B/A 
ELEVATE WELLNESS DISPENSARY; CLUTCH CITY GAS LLC 
DBA TEXAS HIGH COUNCIL; SALGANIK SERVICES, INC., 
Appellees 
 
On Appeal from the 455th District Court 
Travis County, Texas 
Trial Court Cause No. D-1-GN-26-002511 
 
 

ORDER 
Before the Court is Appellees’ Emergency Motion for Temporary Order 
Under Rule 29.3. We DENY the motion and lift the administrative stay issued on 
May 7, 2026. 
 
 
 
 
 
 
PER CURIAM 
Panel consists of Chief Justice Brister and Justices Field and Farris. 
Justice Field would grant the motion.

Instrument

Texas DSHS v. Texas Hemp Business Council, No. 15-26-00099-CV, rehearing order (Tex. App. June 26, 2026)

Source

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Retrieved

2026-11-02

Fingerprint

5ee8dc5d135595b2

Order filed June 26, 2026.   
 
 
 
 
In The 
Fifteenth Court of Appeals 
____________ 
NO.  15-26-00099-CV 
____________ 
TEXAS DEPARTMENT OF STATE HEALTH SERVICES; JENNIFER 
SHUFORD, IN HER OFFICIAL CAPACITY AS THE 
COMMISSIONER OF THE DEPARTMENT OF STATE HEALTH 
SERVICES; TEXAS HEALTH AND HUMAN SERVICES 
COMMISSION; STEPHANIE MUTH, IN HER OFFICIAL 
CAPACITY AS EXECUTIVE COMMISSIONER OF HHSC; 
WARREN KENNETH PAXTON JR., IN HIS OFFICIAL CAPACITY 
AS THE ATTORNEY GENERAL OF TEXAS, Appellants 
V. 
TEXAS HEMP BUSINESS COUNCIL; HEMP INDUSTRY & FARMERS 
OF AMERICA; ALCHEMY TX CONSULTING, LLC; A TO Z 
IVESTMENTS AND WHOLESALE, LLC; CPRT AND COMPANY, 
LLC D/B/A SERENITY ORGANICS; TEXAS GREEN CRAFT, LLC 
AKA TEXAKANA ORGANICS; ELEVATE ONE TX, LLC D/B/A 
ELEVATE WELLNESS DISPENSARY; CLUTCH CITY GAS LLC 
DBA TEXAS HIGH COUNCIL; SALGANIK SERVICES, INC., 
Appellees 
 
On Appeal from the 455th District Court 
Travis County, Texas 
Trial Court Cause No. D-1-GN-26-002511 
 
 

ORDER 
Before the Court is Appellees’ Motion for Rehearing on Denial of 
Temporary Relief under Rule 29.3. The motion is DENIED. 
 
 
 
 
 
 
PER CURIAM 
Panel consists of Chief Justice Brister and Justices Field and Farris. 
Justice Field would grant the motion.

Instrument

Texas DSHS v. Texas Hemp Business Council, No. 15-26-00099-CV, submission notice (Tex. App. Oct. 5, 2026)

Source

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Chief Justice
SCOTT BRISTER
Justices
SCOTT FIELD
APRIL FARRIS
Clerk
MICHAEL A. CRUZ
Fifteenth Court of Appeals
P.O. Box 12852, AUSTIN, TEXAS 78711
www.txcourts.gov/15thcoa/
512-463-1610
     
Monday, October 5, 2026
Amanda Taylor
Butler Snow LLP
1400 Lavaca St Ste 1000
Austin, TX 78701-1764
* DELIVERED VIA E-MAIL *
Chad Baruch
Johnston Tobey Baruch PC
12377 Merit Dr Ste 880
Dallas, TX 75251-2257
* DELIVERED VIA E-MAIL *
David K. Sergi
Sergi & Associates, P.C.
329 South Guadalupe Street
San Marcos, TX 78666
* DELIVERED VIA E-MAIL *
Cory A. Scanlon
Assistant Solicitor General
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548
* DELIVERED VIA E-MAIL *
Zachary Berg
Office of the Attorney General of Texas
P.O. Box 12548, Capitol Station
Austin, TX 78711-2548
* DELIVERED VIA E-MAIL *
Andrew J. Alvarado
Dickinson Wright PLLC
607 W 3rd St Ste 2500
Austin, TX 78701-4713
* DELIVERED VIA E-MAIL *
RE:
Court of Appeals Number:
15-26-00099-CV
Trial Court Case Number:
D-1-GN-26-002511
Style: Texas Department of State Health Services; Imelda Garcia, in her official capacity as the 
Interim Commissioner of the Department of State Health Services; Texas Health and 
Human Services Commission; Stephanie Muth, in her official capacity as Executive 
Commissioner of HHSC; Warren Kenneth Paxton Jr., in his official capacity as the 
Attorney General of Texas
v. Texas Hemp Business Council; Hemp Industry & Farmers of America; Alchemy TX 
Consulting, LLC; A To Z Ivestments and Wholesale, LLC; CPRT and Company, LLC 
d/b/a Serenity Organics; Texas Green Craft, LLC aka TexaKana Organics; Elevate One 
TX, LLC d/b/a Elevate Wellness Dispensary; Clutch City Gas LLC dba Texas High 
Council; Salganik Services, Inc.
You are hereby notified that this appeal is set for submission and oral argument in the 
courtroom for the Court of Criminal Appeals, located at the Supreme Court Building, 201 
FILE COPY

W. 14th Street, Room 106, on Tuesday, December 8, 2026, at 9:30 AM, before a panel 
consisting of Chief Justice Brister and Justices Field and Farris, subject to change by the Court. 
Each side will be allotted 20 minutes for argument. See Tex. R. App. P. 39.8.  Appellants’ time 
may be divided, with a portion reserved for rebuttal. If a party does not intend to present oral 
argument, the Court should be notified no later than seven days prior to the scheduled argument 
date. 

Attorney Presenting – Upon receipt of this letter, please notify the Clerk in writing, via 
your electronic service provider, of the name of the attorney who will be presenting 
argument to the Court. This notification should be submitted no later than seven days 
prior to the date on which the case is scheduled for argument.

Exhibits – Any party intending to present oral argument exhibits to the Court must 
submit them no later than the Friday preceding the scheduled argument. A $25.00 filing 
fee per exhibit will apply. See Tex. R. App. P., Appendix A. Additionally, four paper 
copies of the filed oral argument exhibits should be provided to the Clerk’s Office upon 
check-in on the day of argument.

Oral Arguments are Recorded and Available on the Court's Website – The Fifteenth 
Court of Appeals takes public access to the Court seriously. Subject to further orders of 
the Court, we will broadcast all oral arguments on the Fifteenth Courts of Appeals’ 
YouTube channel, which can be found here: 15th COA YouTube Channel.

Sensitive Data and Objection to Argument Recording – All references to persons or 
details that could identify a minor should be disguised to protect the minor’s identity. 
Any objections to making or posting the recording of the oral argument should be made 
in writing for the Court's consideration.

Reasonable Accommodation – Any person seeking a reasonable accommodation for a 
disability during oral argument should submit a request to the Court Clerk no later than 
10 days before the scheduled argument date.
Sincerely,
Michael A. Cruz, Clerk
FILE COPY

Instrument

DEFINITIONS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.001.  DEFINITIONS.  In this chapter:
(1)  “Consumable hemp product” means food, a drug, a device, or a cosmetic, as those terms are defined by Section 431.002, that contains hemp or one or more hemp-derived cannabinoids, including cannabidiol.
(2)  "Department" means the Department of State Health Services.
(3)  “Establishment” means each location where a person processes hemp or manufactures a consumable hemp product.
(4)  “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.
(5)  "Hemp" has the meaning assigned by Section 121.001, Agriculture Code.
(6)  “License” means a consumable hemp product manufacturer’s license issued under this chapter.
(7)  “License holder” means an individual or business entity holding a license.
(8)  “Manufacture” has the meaning assigned by Section 431.002.
(9)  “Process” means to extract a component of hemp, including cannabidiol or another cannabinoid, that is:
(A)  sold as a consumable hemp product;
(B)  offered for sale as a consumable hemp product;
(C)  incorporated into a consumable hemp product; or
(D)  intended to be incorporated into a consumable hemp product.
(10)  “QR code” means a quick response machine-readable code that can be read by a camera, consisting of an array of black and white squares used for storing information or directing or leading a user to additional information.
(11)  “Smoking” means burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.

Instrument

APPLICABILITY OF OTHER LAW

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.002.  APPLICABILITY OF OTHER LAW.  Except as provided by Section 431.011(c), Chapter 431 applies to a license holder and a consumable hemp product regulated under this chapter.

Instrument

LOCAL REGULATION PROHIBITED

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Sec. 443.003.  LOCAL REGULATION PROHIBITED.  A municipality, county, or other political subdivision of this state may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the processing of hemp or the manufacturing or sale of a consumable hemp product as authorized by this chapter.

Instrument

SEVERABILITY

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Sec. 443.004.  SEVERABILITY.  (a)  A provision of this chapter or its application to any person or circumstance is invalid if the secretary of the United States Department of Agriculture determines that the provision or application conflicts with 7 U.S.C. Chapter 38, Subchapter VII, and prevents the approval of the state plan submitted under Chapter 121, Agriculture Code.
(b)  The invalidity of a provision or application under Subsection (a) does not affect the other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Instrument

RULEMAKING AUTHORITY OF EXECUTIVE COMMISSIONER

Source

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Sec. 443.051.  RULEMAKING AUTHORITY OF EXECUTIVE COMMISSIONER.  The executive commissioner shall adopt rules and procedures necessary to administer and enforce this chapter.  Rules and procedures adopted under this section must be consistent with:
(1)  an approved state plan submitted to the United States Department of Agriculture under Chapter 121, Agriculture Code; and
(2)  7 U.S.C. Chapter 38, Subchapter VII, and federal regulations adopted under that subchapter.

Instrument

LICENSE REQUIRED; EXCEPTIONS

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Sec. 443.101.  LICENSE REQUIRED; EXCEPTIONS.  A person may not process hemp or manufacture a consumable hemp product in this state unless the person holds a license under this subchapter.

Instrument

LICENSE INELIGIBILITY

Source

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Sec. 443.102.  LICENSE INELIGIBILITY.  (a)  An individual who is or has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the 10th anniversary of the date of the conviction:
(1)  hold a license under this subchapter; or
(2)  be a governing person of an establishment that holds a license under this subchapter.
(b)  The department may not issue a license under this subchapter to a person who materially falsifies any information contained in an application submitted to the department under Section 443.103.

Instrument

APPLICATION; ISSUANCE

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Sec. 443.103.  APPLICATION; ISSUANCE.  An individual or establishment may apply for a license under this subchapter by submitting an application to the department on a form and in the manner prescribed by the department.  The application must be accompanied by:
(1)  a legal description of each location where the applicant intends to process hemp or manufacture consumable hemp products and the global positioning system coordinates for the perimeter of each location;
(2)  written consent from the applicant or the property owner if the applicant is not the property owner allowing the department, the Department of Public Safety, and any other state or local law enforcement agency to enter onto all premises where hemp is processed or consumable hemp products are manufactured to conduct a physical inspection or to ensure compliance with this chapter and rules adopted under this chapter;
(3)  any fees required by the department to be submitted with the application; and
(4)  any other information required by department rule.

Instrument

TERM; RENEWAL

Source

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Sec. 443.104.  TERM; RENEWAL.  (a)  A license is valid for one year and may be renewed as provided by this section.
(b)  The department shall renew a license if the license holder:
(1)  is not ineligible to hold the license under Section 443.102;
(2)  submits to the department any license renewal fee; and
(3)  does not owe any outstanding fees to the department.

Instrument

REVOCATION

Source

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Sec. 443.105.  REVOCATION.  The department shall revoke a license if the license holder is convicted of a felony relating to a controlled substance under federal law or the law of any state.

Instrument

TESTING REQUIRED

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Sec. 443.151.  TESTING REQUIRED.  (a)  A consumable hemp product must be tested as provided by:
(1)  Subsections (b) and (c); or
(2)  Subsection (d).
(b)  Before a hemp plant is processed or otherwise used in the manufacture of a consumable hemp product, a sample representing the plant must be tested, as required by the executive commissioner, to determine:
(1)  the concentration of various cannabinoids; and
(2)  the presence or quantity of heavy metals, pesticides, and any other substance prescribed by the department.
(c)  Before material extracted from hemp by processing is sold as, offered for sale as, or incorporated into a consumable hemp product, the material must be tested, as required by the executive commissioner, to determine:
(1)  the presence of harmful microorganisms; and
(2)  the presence or quantity of:
(A)  any residual solvents used in processing, if applicable; and
(B)  any other substance prescribed by the department.
(d)  Except as otherwise provided by Subsection (e), before a consumable hemp product is sold at retail or otherwise introduced into commerce in this state, a sample representing the hemp product must be tested:
(1)  by a laboratory that is accredited by an accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard to determine the delta-9 tetrahydrocannabinol concentration of the product; and
(2)  by an appropriate laboratory to determine that the product does not contain a substance described by Subsection (b) or (c) in a quantity prohibited for purposes of those subsections.
(e)  A consumable hemp product is not required to be tested under Subsection (d) if each hemp-derived ingredient of the product:
(1)  has been tested in accordance with:
(A)  Subsections (b) and (c); or
(B)  Subsection (d); and
(2)  does not have a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent.

Instrument

PROVISIONS RELATED TO TESTING

Source

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Sec. 443.152.  PROVISIONS RELATED TO TESTING.  (a)  A consumable hemp product that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent may not be sold at retail or otherwise introduced into commerce in this state.
(b)  A person licensed under Chapter 122, Agriculture Code, shall provide to a license holder who is processing hemp harvested by the person or otherwise using that hemp to manufacture a consumable hemp product the results of a test conducted under that chapter, if available, as proof that the delta-9 tetrahydrocannabinol concentration of the hemp does not exceed 0.3 percent, including for purposes of Section 443.151(b)(1).
(c)  A license holder shall make available to a seller of a consumable hemp product processed or manufactured by the license holder the results of testing required by Section 443.151.  The results may accompany a shipment to the seller or be made available to the seller electronically.  If the results are not able to be made available, the seller may have the testing required under Section 443.151 performed on the product and shall make the results available to a consumer.

Instrument

POSSESSION, TRANSPORTATION, AND SALE OF CONSUMABLE HEMP PRODUCTS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.201.  POSSESSION, TRANSPORTATION, AND SALE OF CONSUMABLE HEMP PRODUCTS.  (a)  A person may possess, transport, sell, or purchase a consumable hemp product processed or manufactured in compliance with this chapter.
(b)  The executive commissioner by rule must provide to a retailer of consumable hemp products fair notice of a potential violation concerning consumable hemp products sold by the retailer and an opportunity to cure a violation made unintentionally or negligently.

Instrument

REGULATION OF CERTAIN CANNABINOID OILS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.202.  REGULATION OF CERTAIN CANNABINOID OILS.  (a) This section does not apply to low-THC cannabis regulated under Chapter 487.
(b)  Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state:
(1)  if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(2)  unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(c)  The department and the Department of Public Safety shall establish a process for the random testing of cannabinoid oil, including cannabidiol oil, at various retail and other establishments that sell, offer for sale, distribute, or use the oil to ensure that the oil:
(1)  does not contain harmful ingredients;
(2)  is produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(3)  has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.

Instrument

REGISTRATION REQUIRED FOR RETAILERS OF CERTAIN PRODUCTS

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Sec. 443.2025.  REGISTRATION REQUIRED FOR RETAILERS OF CERTAIN PRODUCTS.  (a) This section does not apply to low-THC cannabis regulated under Chapter 487.
(b)  A person may not sell consumable hemp products containing cannabidiol at retail in this state unless the person registers with the department each location owned, operated, or controlled by the person at which those products are sold. A person is not required to register a location associated with an employee or independent contractor described by Subsection (d).
(c)  The department may issue a single registration under Subsection (b) covering multiple locations owned, operated, or controlled by a person.
(d)  A person is not required to register with the department under Subsection (b) if the person is:
(1)  an employee of a registrant; or
(2)  an independent contractor of a registrant who sells the registrant’s products at retail.
(e)  A registration is valid for one year and may be renewed as prescribed by department rule.
(f)  The department by rule may adopt a registration fee schedule that establishes reasonable fee amounts for the registration of:
(1)  a single location at which consumable hemp products containing cannabidiol are sold; and
(2)  multiple locations at which consumable hemp products containing cannabidiol are sold under a single registration.
(g)  The department shall adopt rules to implement and administer this section.

Instrument

DECEPTIVE TRADE PRACTICE

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Sec. 443.203.  DECEPTIVE TRADE PRACTICE.  (a)  A person who sells, offers for sale, or distributes a cannabinoid oil, including cannabidiol oil, that the person claims is processed or manufactured in compliance with this chapter commits a false, misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if the oil is not processed or manufactured in accordance with this chapter.
(b)  A person who sells, offers for sale, or distributes a cannabinoid oil commits a false, misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if the oil:
(1)  contains harmful ingredients;
(2)  is not produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; or
(3)  has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent.

Instrument

PACKAGING AND LABELING REQUIREMENTS

Source

https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.205.  PACKAGING AND LABELING REQUIREMENTS.  (a)  Before a consumable hemp product that contains or is marketed as containing more than trace amounts of cannabinoids may be distributed or sold, the product must be labeled in the manner provided by this section with the following information:
(1)  batch identification number;
(2)  batch date;
(3)  product name;
(4)  a uniform resource locator (URL) that provides or links to a certificate of analysis for the product or each hemp-derived ingredient of the product;
(5)  the name of the product’s manufacturer; and
(6)  a certification that the delta-9 tetrahydrocannabinol concentration of the product or each hemp-derived ingredient of the product is not more than 0.3 percent.
(b)  The label required by Subsection (a) may be in the form of:
(1)  a uniform resource locator (URL) for the manufacturer’s Internet website that provides or links to the information required by that subsection; and
(2)  a QR code or other bar code that may be scanned and that leads to the information required by that subsection.
(c)  The label required by Subsection (a) must appear on each unit of the product intended for individual retail sale.  If that unit includes inner and outer packaging, the label may appear on any of that packaging.
(d)  This section does not apply to sterilized seeds incapable of beginning germination.

Instrument

RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP PRODUCTS

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https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm

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Sec. 443.206.  RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP PRODUCTS.  Retail sales of consumable hemp products processed or manufactured outside of this state may be made in this state when the products were processed or manufactured in another state or jurisdiction in compliance with:
(1)  that state or jurisdiction's plan approved by the United States Department of Agriculture under 7 U.S.C. Section 1639p;
(2)  a plan established under 7 U.S.C. Section 1639q if that plan applies to the state or jurisdiction; or
(3)  the laws of that state or jurisdiction if the products are tested in accordance with, or in a manner similar to, Section 443.151.

Instrument

TRANSPORTATION AND EXPORTATION OF CONSUMABLE HEMP PRODUCTS OUT OF STATE

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Sec. 443.207.  TRANSPORTATION AND EXPORTATION OF CONSUMABLE HEMP PRODUCTS OUT OF STATE.  Consumable hemp products may be legally transported across state lines and exported to foreign jurisdictions in a manner that is consistent with federal law and the laws of respective foreign jurisdictions.