What Texans need to know about new THC bans and travel

What’s legal when it comes to marijuana and THC in Texas isn’t as simple as it used to be. A new ban changed which hemp-derived products can be sold and possessed, while a lawsuit is now challenging those restrictions.

Texans also face different rules when bringing marijuana across state lines or traveling with it on a plane.

Here’s a quick guide to what you need to know.

• Hemp retailers and a distributor sued Texas over the new THC ban, arguing it violates federal law and the U.S. Constitution by outlawing products the 2018 Farm Bill legalized.
• The ban covers THCA flower, Delta-8, Delta-10 and THCP, though products with no more than 0.3% naturally occurring delta-9 THC by dry weight remain legal.
• Possessing even a small amount of a banned THC product in Texas can bring a state jail felony charge carrying 180 days to two years in jail and fines up to $10,000, with penalties escalating for larger quantities.
• Marijuana bought legally in California, Colorado, New Mexico or Oklahoma is still illegal to bring back into Texas, and federal law separately bars transporting marijuana across state lines.
• Out-of-state medical marijuana cards and prescriptions carry no weight in Texas — only prescriptions issued under the state’s Compassionate Use Program are lawful.
• Enforcement of rules treating more than trace amounts of non-delta-9 THC as controlled substances began July 31, pulling many hemp-derived products from smoke shop and CBD store shelves.
• TSA policy on medical marijuana hasn’t changed despite recent reports, and products can be packed in carry-on or checked luggage only if they contain no more than 0.3% THC and are FDA-approved, with any illegal substances found during screening referred to law enforcement.

The summary points above were compiled with the help of AI tools and edited by journalists. The source reporting referenced above was written and edited entirely by journalists.

This story was originally published August 10, 2026 at 7:35 PM.