Texas Hemp & Hemp‑Derived Cannabinoid Laws (2026)
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This guide provides educational, state‑specific information on Texas hemp and hemp‑derived cannabinoid laws as of August 1, 2026. It is for educational purposes only and not legal advice.
Texas, USA hemp laws: quick overview
Texas legalized hemp under HB 1325 (86th Legislature, effective June 2019), defining hemp as Cannabis sativa L. derivatives containing ≤ 0.3% delta‑9 THC by dry weight, with anything above classified as marijuana ([texasagriculture.gov](https://texasagriculture.gov/regulatory-programs/hemp?utm_source=openai)). Texas Health and Safety Code Chapter 443 and 25 TAC Chapter 300 (adopted early 2026) require consumable hemp products to be tested by ISO/IEC 17025‑accredited labs, maintain COAs for three years, and ensure delta‑9 THC ≤ 0.3% on dry weight basis ([sos.texas.gov](https://www.sos.texas.gov/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html?utm_source=openai)). Senate Bill 3 (89th Legislature, 2025) sought to ban all intoxicating cannabinoids except CBD and CBG, impose age‑21 minimum, and require child‑resistant packaging; it was vetoed by Governor Abbott in June 2025 ([apnews.com](https://apnews.com/article/9379bb3ab75b7278e9a3ec56fad791a9?utm_source=openai)). Despite the veto, DSHS rules now treat delta‑8 and other THC isomers as controlled substances, effectively banning them as of July 31, 2026 ([axios.com](https://www.axios.com/local/dallas/2026/07/31/texas-thc-delta-8?utm_source=openai)).
Shipping guidance
Inbound shipments of consumable hemp products are allowed only if they comply with USDA‑approved state plans or equivalent testing protocols. Retailers must register with DSHS. Age verification (21+) is required at point of sale. No special retailer license beyond DSHS registration is required for retail sale.
Testing & COA guidance
Testing must be conducted by ISO/IEC 17025‑accredited laboratories. Required panels include delta‑9 THC (≤ 0.3% dry weight) and screening for harmful contaminants (heavy metals, pesticides, solvents, microbes). COAs must be retained for at least three years and provided upon request ([sos.texas.gov](https://www.sos.texas.gov/texreg/archive/March202026/Adopted%20Rules/25.HEALTH%20SERVICES.html?utm_source=openai)).
What to buy
Consumable hemp products containing only cannabidiol (CBD) or cannabigerol (CBG), compliant with delta‑9 THC ≤ 0.3% dry weight, properly tested, labeled, and packaged.
What to avoid
Any consumable hemp products containing delta‑8 THC, delta‑9 THC beyond trace hemp levels, delta‑10 THC, THCA, HHC, or other intoxicating cannabinoids—these are effectively banned. Smokable hemp flower remains unaddressed here (likely illegal under consumable rules).
How to shop compliant, tested hemp
- Delta‑9 THC in consumable hemp must not exceed 0.3% dry weight per Texas HSC §443 and 25 TAC §300.301‑.303
- Only CBD and CBG consumables are permitted; all other cannabinoids (e.g. delta‑8, delta‑9, delta‑10) are banned under SB 3 framework
- Retailers must register with DSHS and verify purchaser is 21+
- Products must be tested by ISO/IEC 17025‑accredited labs, COA retained 3 years
- Packaging must be tamper‑evident, child‑resistant, and resealable
- Out‑of‑state consumables must comply with USDA‑approved plans or equivalent testing
Helpful resource: Learn more about Texas, USA
Educational content only — not legal or medical advice.
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