As of July 18, 2026, Delta-8 THC is legal to sell at retail with restrictions in Texas. Not scheduled by name; sold to 21+ under hemp program.
Verified July 18, 2026 · confidence: under_reviewDSHS has classification authority it is not enforcing; D8 sold legally to 21+ at licensed retailers. Confidence medium.
In this chapter, 'hemp' means the plant Cannabis sativa L. and any part of that plant ... with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (Tex. Agric. Code Sec. 121.001)
No citation on file for this row yet.
Among Texas's 4 neighbors, Arkansas, Louisiana and New Mexico are illegal; Oklahoma is legal.
Open the interactive map · Every compound in Texas
Federal gray area. Delta-8 THC - federally contested: hemp by plain text per the 9th and 4th Circuits, Schedule I on DEA's synthetic-conversion theory; exclude Federal detail
5 instruments on file for this compound's framework in Texas; 0 of 0 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
70469b3f81bc9e09AGRICULTURE CODE, TITLE 5, SUBTITLE F. HEMP, CHAPTER 121. STATE HEMP PRODUCTION PLAN Sec. 121.001. DEFINITION. In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019. Sec. 121.002. LEGISLATIVE INTENT. It is the intent of the legislature that this state have primary regulatory authority over the production of hemp in this state. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019. Sec. 121.003. STATE PLAN. (a) The department, after consulting with the governor and attorney general, shall develop a state plan to monitor and regulate the production of hemp in this state. The plan must comply with: (1) 7 U.S.C. Section 1639p; (2) Chapter 122; and (3) Chapter 443, Health and Safety Code. (b) The department shall submit the plan developed under Subsection (a) to the secretary of the United States Department of Agriculture as this state's plan for monitoring and regulating the production of hemp as provided by 7 U.S.C. Section 1639p. (c) If a plan submitted under Subsection (b) is disapproved by the secretary of the United States Department of Agriculture, the department, after consulting with the governor and attorney general, shall amend the plan as needed to obtain approval and submit an amended plan. (d) The department shall, as necessary, seek technical assistance from the secretary of the United States Department of Agriculture and other state agencies in developing the plan under this section. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019. Sec. 121.004. RULES. The department may adopt any rules necessary to implement and administer the state plan under Section 121.003. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
9bf4bb0d44fb80d5SECTION 2. Section 161.0876, Health and Safety Code, is amended to read as follows: Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For purposes of this section, "e-cigarette product" means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081(1-a), regardless of whether the liquid solution or material contains nicotine. The term does not include a prescription medication or other prescribed substance unrelated to the cessation of smoking [ includes any substance containing nicotine from any source that is intended for use in an e-cigarette ]. (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product : (1) in a product [ , if the product's ] container that : (A) [ (1) ] depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors; (B) [ (2) ] imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (C) [ (3) ] includes a symbol that is primarily used to market products to minors; (D) [ (4) ] includes an image or name of a celebrity; or (E) [ (5) ] includes an image that resembles a food product, including candy or juice ; (2) in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of: (A) a school or office supply, such as a highlighter, marker, ink pen, or pencil; (B) a smart phone, smart watch, smart phone case, or smart watch case; (C) headphones, including ear buds; (D) clothing; (E) a backpack; (F) a cosmetic, including lipstick; or (G) a toy; (3) that is wholly or partially manufactured in or marketed as being manufactured in: (A) China; or (B) a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or (4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances . (c) An offense under this section is a Class A [ B ] misdemeanor.
b312d934e76a2043Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS. Rules adopted by the executive commissioner regulating the sale of consumable hemp products must to the extent allowable by federal law reflect the following principles: (1) hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants; (2) products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products; (3) consumable hemp products must be packaged and labeled in the manner provided by Section 443.205 ; and (4) the processing or manufacturing of a consumable hemp product for smoking is prohibited. Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325 ), Sec. 7, eff. June 10, 2019. §300.701. Restriction on Sale to Minors. (a) A person is prohibited from delivering, selling, or offering to sell a consumable hemp product to a minor. (b) A person who sells CHP must verify each purchaser's age by reviewing a valid proof of identification before completing the sale of any CHP. (c) A valid proof of identification may include a driver's license issued by Texas or another state, a passport, or an identification card issued by a state or government agency. A valid proof of identification must meet the following criteria: (1) include a physical description and a photograph that matches the person's appearance; (2) provide the individual's date of birth; (3) be issued by a government agency; and (4) is not expired.
b1ab24f65eea30deSec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS. "Rules adopted by the executive commissioner regulating the sale of consumable hemp products must" "to the extent allowable by federal law reflect the following principles:" (1) "hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants;" (2) "products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion" "are considered foods, not controlled substances or adulterated products;" (3) "consumable hemp products must be packaged and labeled in the manner provided by Section 443.205"; and (4) "the processing or manufacturing of a consumable hemp product for smoking is prohibited." "Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019." [Text via texas.public.law fallback; official statutes.capitol.texas.gov is script-rendered.]
a60203343315cb5c(a) This section does not apply to low-THC cannabis regulated under Chapter 487. (b) Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state: (1) if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and (2) unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent. (c) The department and the Department of Public Safety shall establish a process for the random testing of cannabinoid oil, including cannabidiol oil, at various retail and other establishments that sell, offer for sale, distribute, or use the oil to ensure that the oil: (1) does not contain harmful ingredients; (2) is produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and (3) has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
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