Texas hemp, THC, CBD and marijuana laws explained

There is often confusion about what Texas law allows when it comes to marijuana, hemp and THC products.

As of July 31, Texas no longer allows the retail sale of products containing cannabinoids such as delta-8 THC, delta-10 THC and THCP after a yearslong legal battle over state hemp regulations.

Before July 31, Texans could legally buy hemp products containing less than 0.3% delta-9 THC by dry weight, as well as products containing cannabinoids such as delta-8, delta-10 and THCP.

The change follows a Texas Supreme Court ruling that upheld the Texas Department of State Health Services’ authority to regulate consumable hemp products under state controlled substances laws, including certain forms of tetrahydrocannabinol, or THC.

In 2019, Gov. Greg Abbott signed House Bill 1325, which legalized the production, manufacture and sale of industrial hemp containing no more than 0.3% delta-9 THC by dry weight. The law also allows consumable hemp products, including cannabidiol, or CBD, derived from hemp.

However, not every cannabinoid is treated the same under Texas law. Hemp-derived products that meet the legal THC threshold remain legal, while certain forms of THC and synthetic cannabinoids are controlled substances that cannot be sold for general use.

Here’s what Texans need to know.

Recreational marijuana remains illegal under both Texas and federal law.

Under the Texas Health and Safety Code, possessing 2 ounces or less of marijuana is a Class B misdemeanor. Penalties increase with larger amounts.

Texas law defines hemp as Cannabis sativa L. and its derivatives containing less than 0.3% delta-9 THC by dry weight.

Both hemp and marijuana come from the Cannabis sativa plant.

The primary difference is THC concentration. Marijuana typically contains between 10% and 30% THC, the psychoactive compound responsible for the intoxicating effects commonly associated with cannabis.

Hemp-derived products containing no more than 0.3% delta-9 THC by dry weight remain legal if they comply with state law. CBD products that meet those standards are also unaffected by the July 31 changes.

Marijuana: Illegal. Possession remains a criminal offense, with penalties ranging from misdemeanors to felonies depending on the amount.

Delta-9 THC products: Legal if they are hemp-derived and contain no more than 0.3% delta-9 THC by dry weight.

Delta-8, delta-10, THCA and similar cannabinoids: Prohibited from retail sale under the state’s updated regulations.

Cannabinoid vape products: Restricted or prohibited from standard retail sale.

Texas legalized low-THC medical cannabis in 2015 through the Compassionate-Use Act.

Qualified physicians may prescribe low-THC cannabis to patients with certain qualifying medical conditions through the state’s Compassionate Use Program.

• Epilepsy
• Seizure disorders
• Multiple sclerosis
• Spasticity
• Amyotrophic lateral sclerosis
• Autism
• Cancer
• Certain incurable neurodegenerative diseases
• Post-traumatic stress disorder
• Chronic pain
• Traumatic brain injury
• Crohn’s disease or other inflammatory bowel disease
• Terminal illnesses or patients receiving hospice or palliative care

A new federal law is scheduled to take effect Nov. 12, 2026.

The law would tighten the federal definition of hemp by measuring total THC instead of only delta-9 THC and imposing stricter limits on finished consumer products.

The hemp-derived THC industry emerged after the 2018 Farm Bill legalized industrial hemp containing no more than 0.3% delta-9 THC by dry weight. That change led to the rapid growth of hemp-derived gummies, beverages and other intoxicating products.

Congress approved changes in 2025 that are expected to effectively eliminate much of the intoxicating hemp market.

THC (tetrahydrocannabinol) is the psychoactive compound in cannabis that produces intoxicating effects.

CBD (cannabidiol) is also derived from cannabis but does not produce the same intoxicating effects as THC.