US State

Cannabis and hemp laws

Texas

Compassionate Use low-THC program only

Adult use
Illegal
Medical
Limited
Last reviewed
August 3, 2026

Texas

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC included in 2021 DSHS Schedule I as a THC isomer. DSHS classification authority confirmed by Tex. Sup. Ct. Sky Marketing ruling (May 1, 2026). Cannabinoid vape sales prohibited under §161.0876.

Key law

DSHS 2021 Schedules of Controlled Substances (THC isomers including delta-10); Tex. H&S Code Ch. 481; DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. May 1, 2026); Tex. H&S Code §161.0876 (vape ban)

Effective

July 31, 2026

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC classified as Schedule I controlled substance under DSHS authority confirmed by Tex. Sup. Ct. (May 1, 2026). Cannabinoid vape sales prohibited under §161.0876 (Class A misdemeanor).

Key law

DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. May 1, 2026); Tex. H&S Code Ch. 481 (Texas Controlled Substances Act); Tex. H&S Code §161.0876 (vape ban, SB 2024); EO GA-56

Effective

July 31, 2026

Full rules

Delta-9 THC

Restricted

Limits

Hemp threshold: 0.3% delta-9 THC by dry weight (Tex. Ag. Code §121.001); no statutory mg per-serving cap. Delta-9 is the only hemp THC lawful at Texas retail after July 31, 2026. Vape format prohibited under §161.0876. Federal 0.4 mg total-THC container cap arrives Dec 11, 2026.

Key law

HB 1325 (86R, 2019); Tex. Ag. Code §121.001; Tex. H&S Code Ch. 443; 25 TAC Ch. 300 (eff. March 31, 2026); DSHS 2021 Schedules of Controlled Substances (reinstated eff. July 31, 2026, does not reach compliant hemp delta-9); DSHS v. Sky Marketing Corp., No. 23-0887; Tex. H&S Code §161.0876 (vape ban); EO GA-56

Effective

March 31, 2026

Full rules

HHC

Illegal

Limits

HHC is a hydrogenated cannabinoid (not strictly a THC isomer) but reads into DSHS's 2021 schedule language covering THC variants. Federal H.R. 5371 §781 explicitly excludes synthetic and chemically converted cannabinoids effective December 11, 2026 (cannabinoids the plant cannot naturally produce are excluded from November 12, 2026). Vapes prohibited under §161.0876.

Key law

DSHS 2021 Schedules of Controlled Substances (THC isomers and variants); Tex. H&S Code Ch. 481; DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. May 1, 2026); Tex. H&S Code §161.0876 (vape ban); federal H.R. 5371 §781 (eff. Dec 11, 2026)

Effective

July 31, 2026

Full rules

THCA

Illegal

Limits

THCA flower and THCA hemp products are Schedule I in Texas as of July 31, 2026 under the reinstated DSHS 2021 schedule definitions. Possession is a state jail felony; sales risk license loss and up to $10,000 per violation. Only hemp delta-9 ≤0.3% dry weight remains lawful at hemp retail.

Key law

DSHS 2021 Schedules of Controlled Substances (tetrahydrocannabinols / marijuana extract definitions, reinstated eff. July 31, 2026); DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. May 1, 2026); Tex. H&S Code Ch. 481; HB 1325 (86R, 2019); Tex. Ag. Code §121.001; EO GA-56

Effective

July 31, 2026

Full rules

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Texas

Latest news and analysis

All news

September 14, 2026

Is CBD Legal in Texas? 2026 Rules for CBD Oil, Gummies, Flower and Retail — and the Two Deadlines About to Narrow the Answer

Hemp CBD is legal in Texas under chapter 443, but the answer narrows on two dates: Texas already counts THCA toward total THC, and federal law counts total THC per container from December 11. Which SKUs are exposed.

September 13, 2026

THC-P vs THC: Potency Claims, Legal Status, and Which Federal Date Actually Applies (2026)

THC-P occurs naturally in trace amounts and is sold as a CBD-derived synthetic — and that combination puts it in a different federal bucket than most 'synthetics.' Here is how it compares with delta-9 THC on chemistry, law and testing.

September 10, 2026

Hemp Ban by State 2026: December 11 Is Federal, but States Did Not Wait

P.L. 119-103 moved most of the federal hemp redefinition to December 11, but Missouri and Illinois still hit November 12, New Jersey November 13, and Virginia, Ohio and Texas already bind harder.

September 6, 2026

Are Edibles Legal? The 2026 State-by-State Guide Built on Milligram Caps, Not Just Legal Status

Edibles legality turns on three variables — adult-use status, hemp-THC rules and milligram caps — and the per-serving cap usually binds before the legality question does. The state-by-state map operators actually need.

August 27, 2026

Texas Hemp Businesses Open a Third Legal Front Against DSHS — This Time Over THCA Detentions and Fees

A third legal front opened in Travis County — this one aimed at how DSHS enforces, not just what the rules say. Plus the fee claim nobody is covering.

August 3, 2026

This Week in Cannabis Regulation: Texas Recriminalizes Delta-8, Virginia Sends the Enforcers, Delaware Legalizes THC Drinks

Texas went Schedule I on most hemp THC, Virginia stood up an enforcement unit before its 2 mg cap, and Delaware wrote the East Coast THC-drinks playbook.

FAQ

Common questions

Is marijuana legal in Texas?

Recreational marijuana is illegal in Texas. Medical access is limited to a low-THC or CBD-only program.

Is THCA legal in Texas?

No. As of July 31, 2026, THCA flower and other THCA hemp products are treated as Schedule I controlled substances in Texas.

Is delta-8 THC legal in Texas?

Illegal as a hemp product. On May 1, 2026 the Texas Supreme Court ruled in DSHS v. Sky Marketing Corp., No. 23-0887, that the Department of State Health Services acted within its authority when its 2021 controlled-substances schedule classified manufactured delta-8 THC as a Schedule I substance, lifting the trial-court injunction that had let retailers keep selling it.

Is hemp-derived delta-9 THC legal in Texas?

Restricted but available, and now the only hemp THC lane left in Texas. Hemp-derived delta-9 THC edibles, drinks, and tinctures remain legal at registered Texas retail under Tex. Ag. Code §121.001's 0.3 percent delta-9 by dry weight standard.

This is general information, not legal advice.

Seed Legality

Viable marijuana seeds treated as marihuana; only TDA-licensed hemp cultivation lawful despite a hemp-seed gray zone.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Tex. Health & Safety Code § 481.002(26) defines marihuana to include seeds, excepting only sterilized seeds incapable of germination and hemp as defined in Agric. Code § 121.001; because the hemp definition covers seeds at ≤0.3% delta-9 THC, viable seed occupies a statutory gray zone, but Texas authorities treat seeds intended for marijuana cultivation as marihuana, and any germination without a TDA hemp producer license (Agric. Code ch. 122) is a criminal offense. The 2025–26 hemp fight — Abbott's June 2025 veto of SB 3 and Executive Order GA-56 (Sept. 2025) with DSHS/TABC 21+ age-verification rules — addressed consumable hemp products, not propagative seed. Note that H.R. 5371 § 781 (P.L. 119-37) will exclude viable seed of high-THC parent plants from the federal hemp definition effective Nov. 12, 2026, closing the seed loophole prospectively.

Key law:
Tex. Health & Safety Code § 481.002(26), §§ 481.120–.122; Tex. Agric. Code §§ 121.001, 122.101
Last reviewed:
July 3, 2026
This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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