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Hemp Laws in Texas

Last updated: July 18, 2026

Delta-8 THC in Texas

Current legal status

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.

Statute: HB 1325; DSHS Schedule I reinstatement (eff. July 31, 2026)

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

CompoundStatus
Delta-8 THCBanned
Delta-9 THC (Hemp)Legal
CBDLegal
THCABanned
HHC🔶Gray Area
Delta-10 THCBanned
THC-OBanned
THCPBanned

By Product Type

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

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

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.

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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