On May 1, 2026, the Texas Supreme Court issued its ruling in DSHS v. Sky Marketing Corp. (No. 23-0887), reversing the temporary injunction that had allowed delta-8 THC products to remain on shelves while the case moved through the courts. This is a significant development, and we want to give you an update on where things stand — including what we still don’t know.

What the ruling means:

The Court ruled that DSHS Commissioner Shuford acted within her legal authority when she classified all manufactured delta-8 THC as a Schedule I controlled substance in the 2021 schedules. The injunction protecting delta-8 products is reversed. The Court did not create new law — it upheld DSHS’s existing position that delta-8 THC above naturally occurring trace levels is illegal in Texas.

Where we are procedurally:

The ruling does not take legal effect the moment it was issued. Under the Texas Rules of Appellate Procedure, the losing party has 15 days from May 1 to file a motion for rehearing (TRAP 64.1). The Court’s mandate — the formal order that makes the ruling binding on the lower court — does not issue until at least 10 days after that rehearing window closes. That puts the earliest possible mandate date in late May 2026, assuming no rehearing motion is filed. If a motion for rehearing is filed, the timeline extends further. 

Plaintiffs are considering whether to request a rehearing.

What we have not heard from DSHS:

THBC has not received any formal guidance from DSHS on how or when they intend to enforce this ruling. Until DSHS communicates an enforcement position, there is no official directive on effective dates or compliance deadlines. We are actively seeking that clarity and will update members the moment we have it.

What you should do right now

We are not in a position to tell you that there is an official sell-through period or that enforcement against delta-8 products is active. The legal protection that existed is gone. What we can tell you:

  • Talk to your attorney today if you sell delta-8 products. The timeline is short and your exposure depends on your specific situation and inventory.
  • Consult with your attorney about next steps for existing inventory, including whether sell-through or removal from shelves is appropriate for your situation.
  • Do not make major purchasing or production decisions involving delta-8 until DSHS issues formal guidance.

What THBC is doing:

We are monitoring this closely and will share any legislative or regulatory developments as they become available.

It is important to note — this lawsuit was filed under Sky Marketing DBA Hometown Hero, and others, not THBC. Our organization does not have the funds to move forward with additional lawsuits. Any additional legal action will be decided by Sky Marketing, who have been funding this action since 2021. 

THBC’s current legal focus remains on the separate challenge to DSHS’s consumable hemp rules, where we continue to fight for the industry.