The Policy, Upheld by the Texas Supreme Court, Bans Delta-8 and Delta-10 THC Products But Allows Delta-9 Under 0.3 Percent Dry Weight

Texas Senate candidate James Talarico slammed the state's new THC ban as a "gift to the cartels, invoking President Donald Trump's own words to argue against the policy. Talarico, a Democratic state legislator, said the ban, which took effect this week, will push users to the black market rather than stop consumption. "Texans will still use THC — but instead of getting it safely from a local small business, they'll go back to getting it from the black market.

From the drug cartels, he said. He quoted Trump's December 2025 statement supporting marijuana reclassification and smart regulations, urging Texas Republicans to "stand with President Trump" and reverse the ban. The policy, upheld by the Texas Supreme Court, bans delta-8 and delta-10 THC products but allows delta-9 under 0.3 percent dry weight.

Possession of illegal products now carries jail time and fines. Talarico's criticism comes as polls show a tight race against Republican Attorney General Ken Paxton, who has not commented on the provision. A Fox News poll gave Talarico a 3-point lead, while other surveys show a dead heat or slight Paxton edge. Democrats see Texas as increasingly competitive despite Trump's 14-point win there in 2024, citing shifting suburbs and a favorable national environment amid economic and war-related concerns.