Is CBD Legal in Texas? State Hemp Rules in 2026
Texas allows consumable hemp with a state license, store registration and a 21+ age limit. State health department rules as of November 2, 2026.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 2, 2026, Texas allows consumable hemp products, including CBD, if they meet state rules. Makers need a state license and each store needs a state registration. Buyers must be 21 or older, and sellers must check ID.[1, 2, 3]
Texas counts THCA toward the 0.3% limit under its health department's rules. DSHS says the Texas Supreme Court confirmed that delta-8 THC is a controlled substance, and that a state schedule affecting delta-8 was set to take effect July 31, 2026.[1, 3]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes. Texas lets licensed makers produce consumable hemp products that contain CBD, and registered stores can sell them. The state health department says it does not regulate private possession or use.[1, 2] |
| Hemp definition and THC limit | Hemp products may contain no more than 0.3% delta-9 THC on a dry-weight basis. Under the health department's rules, the test is total delta-9 THC, which counts THCA at 87.7% (the formula is 0.877 x THCA + delta-9 THC). A product passes if the lab's result, reported with its measurement uncertainty, gives a range that includes 0.3% or less.[1, 3] |
| CBD in food and drinks | Allowed with a license. The state sets no per-serving or per-package THC limit in its rules, only serving-size labeling. All products need tamper-evident, child-resistant packaging. Only multi-serving products must also be resealable; single-serving drinks do not need to be.[2, 3] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | DSHS says delta-8 THC is a controlled substance in Texas and that only trace amounts the hemp plant makes naturally are allowed. DSHS says products labeled delta-8, or shown to contain more than trace amounts, may be detained and referred to law enforcement. THCA flower is measured as total THC, so its THCA counts toward the 0.3% limit.[1, 3] |
| Minimum age | 21. Licensed and registered sellers may not sell any consumable hemp product, CBD included, to anyone under 21. They must check a government-issued photo ID first. Violations can cost a seller its state license or registration.[1, 2, 3, 4] |
| Who can sell it | Makers need a Consumable Hemp Product License ($10,000 per facility per year). Stores need a Retail Hemp Registration ($5,000 per location per year). The state health department says this includes online stores based outside Texas. Cities cannot ban sales.[1, 2, 3] |
| Labels and lab testing | Labels need a batch number, a link to the lab report (certificate of analysis) that works in three or fewer steps, the serving size in milligrams, and warnings. The warnings include that the product may cause a failed drug test, that all THCs have psychoactive properties, and that pregnant or nursing women should talk with a health care provider. Products must be tamper-evident and child-resistant.[2, 3] |
| Medical and adult-use marijuana | We could not confirm details of Texas's medical cannabis program in official sources as of November 2, 2026. We found no adult-use marijuana program in Texas law as of November 2, 2026. |
| November 12 and December 11, 2026 | Texas health department rules cite federal hemp law in a few places without a date, and the state hemp definition is its own. In its rule comments, DSHS declined to match the federal 0.4 mg total THC limit for now and said it will consider that change in a future rulemaking when the federal amendments take effect. We found no Texas agency notice about the November 12 or December 11 federal dates. Whether the federal change affects Texas may depend on how courts and agencies read those references. This is our reading, not an official opinion.[3, 5, 6] |
What counts as hemp in Texas
The Texas Department of State Health Services (DSHS) runs the Consumable Hemp Program. It says consumable hemp products may not contain more than 0.3% delta-9 THC on a dry-weight basis.[1]
DSHS rules, in effect since March 31, 2026, measure 'total delta-9 THC.' They count THCA at 87.7%, using the formula 0.877 x THCA + delta-9 THC. A product passes if the lab's result, reported with its measurement uncertainty, gives a range that includes 0.3% or less.[3]
The rules define hemp by reference to Cannabis sativa L. with a delta-9 THC concentration of not more than 0.3% on a dry-weight basis. In its comments, DSHS said this matches the Texas Agriculture Code and does not need to copy the federal definition.[3]
Licenses, registration and selling to adults 21 and older
Texas makers and processors need a Consumable Hemp Product License. The fee is $10,000 per facility, and renewal is also $10,000. Retail stores need a Retail Hemp Registration. The fee is $5,000 per location. Both last one year.[1, 3]
DSHS says out-of-state online stores that sell to Texans need the retail registration too. Out-of-state makers generally do not register with DSHS. Cities may regulate some retail rules but cannot prohibit sales of these products.[2]
Texas Governor Greg Abbott signed Executive Order GA-56 on September 10, 2025. It told DSHS and the Texas Alcoholic Beverage Commission (TABC) to bar sales to anyone under 21 and to require ID checks. DSHS adopted emergency rules on October 2, 2025 (announced October 3). Its permanent rules took effect March 31, 2026, and define a minor as a person under 21.[3, 4, 7]
TABC adopted its own emergency rules on September 23, 2025, with enforcement from October 1, 2025. They apply to TABC license and permit holders who sell hemp products. A TABC license does not by itself allow hemp sales. Sellers also need separate authorization from DSHS.[8]
Delta-8, THCA and smokable hemp
As of November 2, 2026, DSHS says the Texas Supreme Court confirmed in Department of State Health Services v. Sky Marketing Corp. that delta-8 THC is a controlled substance. DSHS says only trace amounts that the hemp plant makes naturally are allowed, and that the state schedule affecting delta-8 was set to take effect July 31, 2026. DSHS also says it intends to amend its consumable hemp rules to add the delta-8 definition.[1]
DSHS says products labeled as containing delta-8, or shown to contain more than trace amounts, may be detained and referred to law enforcement.[1]
DSHS says Texas law bans making or processing consumable hemp products for smoking, and that the Texas Supreme Court upheld that ban on June 24, 2022. DSHS also says a lower-court injunction remains in place that lets smokable products made outside Texas be distributed and sold at retail if they follow DSHS testing and labeling rules.[1, 2]
The state rules set no milligram cap per serving or package for THC. The 0.3% total delta-9 THC test still applies to every product.[2, 3]
Labels, lab reports and packaging
Under DSHS rule 300.402, each retail package needs a batch number and date, the product name, the maker's name, a phone number and email, a conspicuous web link to the lab report that works in three or fewer steps, the serving size in milligrams, and the number of servings.[3]
Required warnings include 'keep out of reach of children,' that the product may contain THC and may cause a failed drug test, that all THCs have psychoactive properties, that pregnant or nursing women should consult a health care provider, and that the FDA has not evaluated the product. A QR code is optional. The web link is required.[3]
Before sale, all products must be in packaging that is tamper-evident and child-resistant. Multi-serving products must also be resealable; single-serving products need not be. Retailers must make sure products are free of heavy metals, pesticides, harmful microorganisms and residual solvents.[2, 3]
How Texas rules relate to the federal changes in November and December 2026
Federal law changed the hemp definition in a law signed November 12, 2025. One part, about cannabinoids that are not made naturally by the plant, applies from November 12, 2026. The rest is set for December 11, 2026, unless Congress delays it again.[5, 6]
Texas DSHS rules refer to federal hemp law (7 U.S.C. Chapter 38, Subchapter VII) when they define an approved hemp source, and to other federal sections about state hemp plans. DSHS said its hemp definition follows the Texas Agriculture Code and need not match the federal one. In its rule comments, DSHS declined to match the federal 0.4 mg total THC limit for now and said it will consider the change in a future rulemaking when the federal amendments take effect.[3, 5, 6]
We found no Texas agency notice that mentions November 12 or December 11, 2026. How the federal change affects Texas may depend on how agencies and courts read these references. That is our reading, not an official opinion.[1, 5, 6]
What changed in 2025 and 2026
According to the governor's office, the Texas Legislature did not pass a ban on the sale of hemp products to customers under 21. The governor then issued Executive Order GA-56 on September 10, 2025.[7]
Instead of a new law, the state acted through agencies and the governor's order. The order came first, then emergency rules from TABC and DSHS, then DSHS's permanent rules on March 31, 2026.[3, 4, 7, 8]
What changes next
Federal change on cannabinoids not made naturally by the plant
Set to apply under federal law unless Congress delays it again. We found no Texas agency guidance on this date.[5, 6]
Rest of the new federal hemp definition
Total THC and the 0.4 mg per container limit are set to apply under federal law unless Congress delays it again.[5, 6]
Who regulates hemp and CBD
- Texas Department of State Health Services (DSHS), Consumable Hemp Program: Licenses makers, registers retailers, sets testing and label rules, enforces the 21+ rule
- Texas Alcoholic Beverage Commission (TABC): Enforces the age rules for its license and permit holders who sell hemp
Timeline
Texas Supreme Court upholds ban on making smokable hemp
A lower-court injunction still lets out-of-state smokable products be sold at retail, according to DSHS.[1]
Executive Order GA-56
The governor directed DSHS and TABC to bar sales to people under 21 and require ID checks.[7]
TABC adopts emergency age rules
Rules 51.1 and 51.2 apply to alcohol license and permit holders who sell hemp. Enforcement began October 1, 2025.[8]
DSHS adopts emergency 21+ and ID rules
Sections 300.701 and 300.702. Sellers who violate them can lose their license or registration.[1, 4]
DSHS permanent hemp rules take effect
Chapter 300 adds total THC testing, labels, child-resistant packaging, and higher fees ($10,000 per facility and $5,000 per retail location).[3]
State schedule affecting delta-8 was set to take effect
DSHS says the schedule was set to take effect on this date. DSHS says only trace amounts that the hemp plant makes naturally are allowed, and products labeled delta-8 may be detained.[1]
Sources
Show 8 references
- Texas DSHS: Consumable Hemp Program
- Texas DSHS: Consumable Hemp Products - Frequently Asked Questions
- 25 Tex. Admin. Code ch. 300, Consumable Hemp Products (adopted rules, Texas Register, March 20, 2026; effective March 31, 2026)
- DSHS announces emergency rules prohibiting the sale of consumable hemp products to minors
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- Governor Abbott Issues Executive Order To Protect Children From Hemp Products (Executive Order GA-56)
- TABC: Industry Notice, TABC adopts emergency rules on consumable hemp products (Rules 51.1 and 51.2)
Other states
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About this page
This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.