Is Delta-8 legal in Texas?

Delta-8 THC is being scheduled as a controlled substance in Texas. After the Texas Supreme Court cleared DSHS to act in Sky Marketing Corp. v. DSHS (May 1, 2026) and denied rehearing, DSHS reinstated its Schedule I listing on July 10, 2026, making Delta-8 (and other non-Delta-9 THC isomers) controlled substances effective July 31, 2026. Retail sales are ending as that date takes effect.

What is the age limit for hemp products in Texas?

The minimum age to purchase hemp products in Texas is 21.

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Hemp Laws in Texas

Last updated: July 18, 2026

CBD in Texas

Current legal status

✅Legal

CBD is fully legal in Texas under HB 1325. CBD products are widely available in stores, pharmacies, and online throughout the state.

Statute: HB 1325

Federal Law Change — November 12, 2026

Texas has one of the largest hemp-derived cannabinoid markets in the country and no recreational cannabis program. Section 781 of H.R. 5371 (Continuing Appropriations and Extensions Act, 2026, Pub. L. 119-37), effective November 12, 2026, imposes a 0.4 mg total-THC-per-container cap that, together with the DSHS Schedule I listing effective July 31, 2026, eliminates most of the legal intoxicating THC market for millions of Texans, so the impact is high.

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All Compounds in Texas

Compound	Status	Details
Delta-8 THC	❌Banned	Delta-8 THC is being scheduled as a controlled substance in Texas. After the Texas Supreme Court cleared DSHS to act in Sky Marketing Corp. v. DSHS (May 1, 2026) and denied rehearing, DSHS reinstated its Schedule I listing on July 10, 2026, making Delta-8 (and other non-Delta-9 THC isomers) controlled substances effective July 31, 2026. Retail sales are ending as that date takes effect.
Delta-9 THC (Hemp)	✅Legal	Hemp-derived Delta-9 THC products remain legal in Texas when containing no more than 0.3% THC by dry weight under HB 1325, subject to a 21+ purchase age. Edibles, tinctures, and beverages are the primary compliant formats.
CBD	✅Legal	CBD is fully legal in Texas under HB 1325. CBD products are widely available in stores, pharmacies, and online throughout the state.
THCA	❌Banned	THCA is effectively banned in Texas. The DSHS total-THC rule at 25 TAC §300.101 (effective March 31, 2026) counts THCA toward the 0.3% limit; after a temporary restraining order it was reinstated June 5, 2026 by the Fifteenth Court of Appeals, so high-THCA flower is prohibited (trial set for July 27, 2026).
HHC	🔶Gray Area	HHC is in a contested gray area in Texas. It is not named on the DSHS Schedule I list of THC isomers taking effect July 31, 2026, but regulators may treat it as a controlled or non-compliant hemp product, so its status is uncertain and likely to be restricted.
Delta-10 THC	❌Banned	Delta-10 THC is being scheduled as a controlled substance in Texas alongside Delta-8. The DSHS Schedule I reinstatement (July 10, 2026) lists non-Delta-9 THC isomers, making Delta-10 a controlled substance effective July 31, 2026.
THC-O	❌Banned	THC-O is considered a synthetic cannabinoid and is not protected under the Farm Bill or Texas HB 1325. It is treated as a controlled substance.
THCP	❌Banned	THCP is banned in Texas. It is captured by the DSHS Schedule I reinstatement of non-Delta-9 tetrahydrocannabinols taking effect July 31, 2026.

By Product Type

Gummies / Edibles✅Legal

Vapes / Cartridges❌Banned

Hemp Flower❌Banned

Tinctures / Oils✅Legal

Topicals / Creams✅Legal

Beverages / Drinks✅Legal

Where to Buy Hemp Products in Texas

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Age Requirement

21+

Shipping Into TX

✅Legal

Shipping Out of TX

✅Legal

2026 Federal Law Impact on Texas

Full federal ban details →

Note: Texas legalized hemp under HB 1325 in 2019. After SB 3 (a total-THC ban) was vetoed June 22, 2025, Executive Order GA-56 and TABC/DSHS rules set a 21+ age and banned hemp-derived vapes (SB 2024, effective September 1, 2025). The DSHS total-THC rule at 25 TAC §300.101 (reinstated June 5, 2026) bans high-THCA flower, and the DSHS Schedule I reinstatement (July 10, 2026) makes Delta-8, Delta-10, and THCP controlled substances effective July 31, 2026. Compliant hemp Delta-9 edibles, tinctures, and beverages plus CBD remain legal. Texas does not have a recreational cannabis program.

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