Delta-8 and Hemp THC Laws in Texas

How Texas law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Consumable hemp products are legal in Texas if they contain no more than 0.3 percent delta-9 THC, but delta-8 THC is not: the Department of State Health Services (DSHS) says the Texas Supreme Court confirmed in Texas Department of State Health Services v. Tex. Health & Safety Code §§ 443.101, 443.151, 443.152, 443.204, 443.205; 25 Tex. Admin. Code §§ 300.701, 300.702 (DSHS)

Delta-8 and hemp THC products	Consumable hemp products are legal in Texas if they contain no more than 0.3 percent delta-9 THC, but delta-8 THC is not: the Department of State Health Services (DSHS) says the Texas Supreme Court confirmed in Texas Department of State Health Services v. Sky Marketing Corp. that delta-8 THC is a controlled substance, with only naturally occurring trace amounts from the hemp plant exempt, and a Texas schedule affecting delta-8 THC took effect July 31, 2026. Products labeled as containing delta-8 or containing more than trace amounts of THC may be detained and referred to law enforcement. Since emergency rules adopted October 2, 2025, licensed and registered sellers may not sell consumable hemp products to anyone under 21 and must check government-issued ID; permanent rules took effect March 31, 2026. Manufacturers need a DSHS license and retailers a DSHS registration, products must be tested and labeled, and manufacturing hemp products for smoking in Texas is prohibited. Statute: https://tcss.legis.texas.gov/resources/hs/htm/hs.443.htm . The age limit is set by DSHS rule, not by statute. Source: Tex. Health & Safety Code §§ 443.101, 443.151, 443.152, 443.204, 443.205; 25 Tex. Admin. Code §§ 300.701, 300.702 (DSHS)

Delta-8 and hemp THC products

Consumable hemp products are legal in Texas if they contain no more than 0.3 percent delta-9 THC, but delta-8 THC is not: the Department of State Health Services (DSHS) says the Texas Supreme Court confirmed in Texas Department of State Health Services v. Sky Marketing Corp. that delta-8 THC is a controlled substance, with only naturally occurring trace amounts from the hemp plant exempt, and a Texas schedule affecting delta-8 THC took effect July 31, 2026. Products labeled as containing delta-8 or containing more than trace amounts of THC may be detained and referred to law enforcement. Since emergency rules adopted October 2, 2025, licensed and registered sellers may not sell consumable hemp products to anyone under 21 and must check government-issued ID; permanent rules took effect March 31, 2026. Manufacturers need a DSHS license and retailers a DSHS registration, products must be tested and labeled, and manufacturing hemp products for smoking in Texas is prohibited.

Statute: https://tcss.legis.texas.gov/resources/hs/htm/hs.443.htm . The age limit is set by DSHS rule, not by statute.

Source: Tex. Health & Safety Code §§ 443.101, 443.151, 443.152, 443.204, 443.205; 25 Tex. Admin. Code §§ 300.701, 300.702 (DSHS)

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FAQ

Is delta-8 legal in Texas?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.