Is Delta-9 THC (hemp-derived) Legal in Texas? (2026)

Vape / inhalable

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Texas as vape / inhalable. Hemp delta-9 vape illegal in Texas: e-cigarette products containing any cannabinoid are banned (H&S 161.0876(b)(4), SB 2024, eff. Sept 1, 20. Effective 2025-09-01. Controlling source: Texas SB 2024 (89R) enrolled: amends Health & Safety Code 161.0876.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2025-09-01

Controlling language, verbatim

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 ... (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product : ... (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 misdemeanor.

Source of excerpt

Citations

  1. Texas SB 2024 (89R) enrolled: amends Health & Safety Code 161.0876 (Texas Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code 161.0876 (SB 2024, 89R) PRIMARYOFFICIAL
  3. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18)OFFICIAL
  4. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18)OFFICIAL
  5. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18)OFFICIAL
  6. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  7. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Change history

  • Status changed from restricted to illegal.
  • Effectively prohibitive changed from true to false.
  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Capsule / tablet

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Same CHP framework as edibles/tinctures: 0.3% delta-9 THC dry-weight cap, DSHS license, 21+. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Beverage

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as beverage. Hemp Delta-9 drink - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

THC beverages are CHPs subject to the 0.3% delta-9 THC dry-weight cap, DSHS license, and 21+ verification; no beverage-specific statutory carve-out was found in HSC Ch. 443. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Edible / ingestible

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Legal as a Consumable Hemp Product (CHP) if delta-9 THC does not exceed 0.3% by dry weight (HSC 443.202(b)(2)); requires DSHS CHP license/retail registration, 21+ age verification (25 TAC 300.701-.702), and compliant labeling (443.204(3), 443.205). The March 31, 2026 DSHS rule recalculating the 0.3% threshold on combined delta-9+THCA is currently subject to litigation (see notes). Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Flower / raw plant

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap
Effectively prohibitive
HSC 443.204(4) prohibits 'the processing or manufacturing of a consumable hemp product for smoking' -- upheld by the Texas Supreme Court June 24, 2022, but a standing lower-court injunction has allowed continued retail sale/distribution. A March 31, 2026 DSHS rule (recalculating the 0.3% cap on combined delta-9+THCA) would functionally ban most smokable flower; a Travis County TRO blocked it April 8, 2026; an appeals court lifted that block in early June 2026, but as of this capture DSHS enforcement posture is unconfirmed. Ambiguity class: litigation-in-flux.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Other

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as other. Hemp Delta-9 other - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Any other hemp-derived delta-9 product form intended for human consumption falls under the general CHP 0.3% cap, DSHS licensing, and 21+ sale restriction absent a more specific carve-out. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Powder / bulk

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Hemp-derived powder/isolate consumed as a CHP is subject to the same 0.3% delta-9 THC dry-weight cap and DSHS licensing; non-consumable industrial hemp powder falls outside DSHS CHP jurisdiction entirely. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Raw material / RUO

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Raw hemp biomass/extract intended for further processing into a CHP is subject to the 0.3% delta-9 THC dry-weight standard under Texas Agriculture Code hemp production rules; non-consumable industrial raw material is regulated separately (TDA hemp program), not DSHS. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Tincture / sublingual

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Same CHP framework as edibles: 0.3% delta-9 THC dry-weight cap, DSHS license, 21+, labeling per 443.204-.205. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Topical

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Texas as topical. Hemp Delta-9 topical - restricted. Controlling source: Consumable Hemp Program.

Verified October 7, 2026 (manual) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Hemp-derived topicals/cosmetics containing cannabinoids fall within the CHP definition (HSC 443.001) and are subject to the same 0.3% cap and DSHS registration where sold for consumer use. Texas is the most legally volatile jurisdiction in this batch: three separate, only partly overlapping regimes govern hemp delta-9 -- (1) the 0.3% delta-9 THC dry-weight cap for all Consumable Hemp Products (HSC 443.202), (2) a smokable-manufacturing ban (443.204(4)) upheld by the Texas Supreme Court but under a standing injunction and now entangled in fresh 2026 DSHS-rule litigation, and (3) a flat, currently-enforceable statutory ban on ANY cannabinoid in e-cigarette/vape form (161.0876) that is separate from and broader than the CHP cap regime. Edibles/tinctures/capsules/drinks/topicals remain lawful under the 0.3% delta-9 cap with DSHS licensing and 21+ sale restrictions; flower/smokable is high-ambiguity pending the DSHS rule's enforcement fate; vape is flatly illegal statewide regardless of THC potency.

Controlling language, verbatim

a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state...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

Source of excerpt

Citations

  1. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18) PRIMARYOFFICIAL
  2. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  3. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislature / Texas Constitution and Statutes (official codification), 2026-07-18) PRIMARYOFFICIAL
  4. Tex. Health & Safety Code Sec. 443.202 PRIMARYOFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING

Status by product form in Texas

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp delta-9 vape illegal in Texas: e-cigarette products containing any cannabinoid are banned (H&S 161.0876(b)(4), SB 2024, eff. Sept 1, 202026-10-22
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-07
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-07
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-07
Flower / raw plant RestrictedHemp Delta-9 flower - restricted2026-10-07
Other RestrictedHemp Delta-9 other - restricted2026-10-07
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-07
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-07
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-07
Topical RestrictedHemp Delta-9 topical - restricted2026-10-07

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Texas's 4 neighbors, Arkansas is illegal; Louisiana and Oklahoma are restricted; New Mexico is gray area.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Texas

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Texas

5 instruments on file for this compound's framework in Texas; 51 of 61 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Tex. Agric. Code Sec. 121.001 (Ch. 121, State Hemp Production Plan) · Definition of hemp (Ch. 121, full chapter)OFFICIAL
Instrument
Definition of hemp (Ch. 121, full chapter)
Source
https://statutes.capitol.texas.gov/Docs/AG/htm/AG.121.htm
Retrieved
2026-07-02
Fingerprint
70469b3f81bc9e09
AGRICULTURE 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.
Tex. Health & Safety Code 161.0876 (SB 2024, 89R) · Prohibited e-cigarette productsOFFICIAL
Instrument
Prohibited e-cigarette products
Source
https://capitol.texas.gov/tlodocs/89R/billtext/html/SB02024F.htm
Retrieved
2026-10-07
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SECTION 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.
Tex. Health & Safety Code 443.204(4); 25 TAC 300.701 (eff. 2026-03-31) · Tex. Health & Safety Code 443.204(4); 25 TAC 300.701 (eff. 2026-03-31)OFFICIAL
Instrument
Tex. Health & Safety Code 443.204(4); 25 TAC 300.701 (eff. 2026-03-31)
Source
https://tcss.legis.texas.gov/resources/HS/htm/HS.443.htm
Retrieved
2026-10-08
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Sec. 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.
Tex. Health & Safety Code 443.204(4); 25 TAC ch. 300 (DSHS rules eff. 2026-03-31) · Tex. Health & Safety Code 443.204(4); 25 TAC ch. 300 (DSHS rules eff. 2026-03-31)MIRROR
Instrument
Tex. Health & Safety Code 443.204(4); 25 TAC ch. 300 (DSHS rules eff. 2026-03-31)
Source
https://texas.public.law/statutes/tex._health_and_safety_code_section_443.204
Retrieved
2026-10-07
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Sec. 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.]
Tex. Health & Safety Code Sec. 443.202 · Sec. 443.202. REGULATION OF CERTAIN CANNABINOID OILSMIRROR
Instrument
Sec. 443.202. REGULATION OF CERTAIN CANNABINOID OILS
Source
https://statutes.capitol.texas.gov/docs/HS/htm/HS.443.htm
Retrieved
2026-07-19
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(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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Same framework in Texas

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Texas? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/texas/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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