Is Delta-8 legal in Texas?

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.

Can I buy CBD in Texas?

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

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: April 1, 2026

Delta-9 THC (Hemp) in Texas

Current legal status

✅Legal

Hemp-derived Delta-9 THC products are legal in Texas when containing no more than 0.3% THC by dry weight under HB 1325. Edibles and tinctures are the primary product formats.

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

Compound	Status	Details
Delta-8 THC	✅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.
Delta-9 THC (Hemp)	✅Legal	Hemp-derived Delta-9 THC products are legal in Texas when containing no more than 0.3% THC by dry weight under HB 1325. Edibles and tinctures are the primary product 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	🔶Gray Area	THCA occupies a gray area in Texas. While not explicitly banned, Texas law enforcement and regulators have raised concerns about THCA flower since it converts to Delta-9 THC when heated. Enforcement is inconsistent.
HHC	✅Legal	HHC is not specifically banned in Texas and is available under the general hemp framework established by HB 1325.
Delta-10 THC	✅Legal	Delta-10 THC is legal in Texas under HB 1325. Products are available in edible and tincture formats, though vape products were banned in September 2025.
THC-O	❌Banned	THC-O is considered a synthetic cannabinoid and is not protected under the Farm Bill or Texas HB 1325. The DEA has classified it as a controlled substance.
THCP	🔶Gray Area	THCP has no specific legislation in Texas. Its legal status is unclear and not explicitly addressed in HB 1325 or subsequent regulations.

By Product Type

Gummies / Edibles✅Legal

Vapes / Cartridges❌Banned

Hemp Flower✅Legal

Tinctures / Oils✅Legal

Topicals / Creams✅Legal

Beverages / Drinks✅Legal

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. 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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