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Hemp Laws in Texas

Last updated: April 1, 2026

Delta-8 THC in Texas

Current legal status

Legal

Delta-8 THC is legal in Texas under HB 1325, which established the state hemp program. Gummies and tinctures are permitted, but vapes were banned effective September 2025.

Statute: HB 1325

Federal Law Change — November 12, 2026

Texas has one of the largest hemp-derived cannabinoid markets in the country. Without a recreational cannabis program, federal restrictions would eliminate the primary legal source of THC products for millions of Texans.

Learn what's changing →

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All Compounds in Texas

CompoundStatus
Delta-8 THCLegal
Delta-9 THC (Hemp)Legal
CBDLegal
THCA🔶Gray Area
HHCLegal
Delta-10 THCLegal
THC-OBanned
THCP🔶Gray Area

By Product Type

Gummies / EdiblesLegal
Vapes / CartridgesBanned
Hemp FlowerLegal
Tinctures / OilsLegal
Topicals / CreamsLegal
Beverages / DrinksLegal

Age Requirement

21+

Shipping Into TX

Legal

Shipping Out of TX

Legal

2026 Federal Law Impact on Texas

Texas has one of the largest hemp-derived cannabinoid markets in the country. Without a recreational cannabis program, federal restrictions would eliminate the primary legal source of THC products for millions of Texans.

Full federal ban details →

Note: Texas legalized hemp under HB 1325 in 2019. The state banned hemp-derived vape products effective September 2025 but continues to allow gummies, tinctures, and other product formats. THCA flower remains in a legal gray area with inconsistent enforcement. Texas does not have a recreational cannabis program.

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