CBD is legal in Texas if the product has 0.3% delta-9 THC or less. Delta-8, THCA flower and hemp vapes are not.
CBD oil & tinctures
Yes. CBD oil and tinctures are legal in Texas for adults 21 and older if the product has 0.3% delta-9 THC or less by dry weight.
Status of all 8 products in Texas. Tap a row to see the full answer.
| Product | Status | The rule |
|---|---|---|
| CBD oil & tinctures | Legal | 21+ · 0.3% delta-9 THC or less by dry weight |
| CBD gummies & edibles | Legal | 21+ · 0.3% delta-9 or less; THC gummies may fail the Dec 11 cap |
| CBD creams & topicals | Legal | Same 0.3% delta-9 limit; rarely affected by the federal cap |
| Full-spectrum CBD | Legal with limits | Legal today; many products exceed 0.4 mg per container from Dec 11 |
| Hemp delta-9 edibles & drinks | Legal with limits | 21+ at 0.3% by dry weight; most fail the federal cap on Dec 11 |
| Delta-8, delta-10 & THCP | Not legal | Schedule I in Texas since July 31, 2026 |
| THCA flower & pre-rolls | Not legal | Retail smokable hemp banned since March 31, 2026; in court |
| Hemp vapes & carts | Not legal | Banned from sale since September 2025 |
Checked Sep 24, 2026 against Texas's official sources, listed at the end of the page.
Yes. CBD oil and tinctures are legal in Texas for adults 21 and older if the product has 0.3% delta-9 THC or less by dry weight.
Yes. CBD gummies and edibles are legal for adults 21 and older as long as they test at 0.3% delta-9 THC or less by dry weight.
Yes. CBD lotions, balms and creams are legal in Texas under the same 0.3% delta-9 THC limit.
Legal in Texas today at 0.3% delta-9 THC or less, but many full-spectrum products will exceed the federal 0.4 mg per container cap on December 11, 2026.
Legal for adults 21 and older in Texas at 0.3% delta-9 THC by dry weight. Most hemp delta-9 gummies and drinks will fail the federal per-container cap on December 11, 2026.
No. Since July 31, 2026, Texas treats manufactured delta-8 and other THC variants as Schedule I controlled substances.
No. Since March 31, 2026, a Texas DSHS rule counts THCA toward the 0.3% total THC limit, which rules out nearly all THCA flower and pre-rolls. A court challenge to the rule is pending.
No. Hemp vape products have been banned from sale in Texas since September 2025.
Texas didn't pass one big hemp law. Three separate actions stacked up, then two federal dates land on top. See each change with its source.
Out-of-state retailers can still ship CBD that meets the federal 0.3% delta-9 THC limit into Texas. The July 31 rules target in-state retail and the banned cannabinoids, so shipping delta-8 or THCA products into Texas carries real risk for seller and buyer. Buy from brands that publish a batch-specific lab report (COA).
Hemp CBD at 0.3% delta-9 or less can be carried in Texas. When flying, keep it in the original labeled package with the lab report on hand. Rules change the moment you cross into another state.
Packing CBD for a flight →Pet CBD follows the same consumable hemp rules as products for people. THC-free (isolate or broad-spectrum) formulas are the cautious choice. Talk to your vet before starting.
Qualifying patients can get low-THC cannabis through Texas's Compassionate Use Program at licensed dispensaries. The hemp rules on this page don't change TCUP.
Verify the source →Is your full-spectrum product over the December 11 cap?
Enter delta-9 and THCA from the lab report and the package size, and the calculator shows total THC per container.
Yes. CBD oil, gummies, capsules and topicals made from hemp are legal in Texas for adults 21 and older, as long as the product contains 0.3% delta-9 THC or less by dry weight.
21. Licensed Texas retailers may only sell consumable hemp products, including CBD, to adults 21 and older.
Out-of-state retailers can still ship CBD that meets the federal 0.3% delta-9 THC limit into Texas. The July 31 rules target in-state retail and the banned cannabinoids, so shipping delta-8 or THCA products into Texas carries real risk for seller and buyer. Buy from brands that publish a batch-specific lab report (COA).
Hemp CBD at 0.3% delta-9 or less can be carried in Texas. When flying, keep it in the original labeled package with the lab report on hand. Rules change the moment you cross into another state.
It can. From December 11, 2026, federal law caps finished hemp products at 0.4 mg total THC per container. CBD isolate and broad-spectrum products are usually unaffected, but many full-spectrum products contain more THC than that.
Open these official sources, with links, on our verification page →
How we checked: every answer on this page was checked on Sep 24, 2026 by the canary. editorial desk against 6 official government sources. When we find a change, we update this page and log it with its date. See every source with its link.
General information, not legal advice. Hemp and cannabis law in Texas is changing quickly and is under active litigation. Check the official sources above or speak with a Texas attorney before buying, selling or shipping hemp products.