Texas Hemp Law Changes Effective July 31, 2026

As of July 31, 2026, Texans’ access to hemp-derived THC products changed significantly because the state began enforcing rules that ban many products that had previously been sold in smoke shops, CBD stores, and convenience stores.

Here’s what that means:

Illegal as of July 31, 2026:

• Delta-8 THC
• Delta-10 THC
• THCP and most other intoxicating hemp-derived THC isomers
• Most gummies, vapes, tinctures, and edibles containing those cannabinoids
• Retailers can no longer legally sell these products in Texas.

Still legal:

  Hemp-derived Delta-9 THC products that comply with the federal and Texas hemp limit of no more than 0.3% Delta-9 THC by dry weight remain legal.

  Non-intoxicating hemp products such as many CBD products that comply with state and federal law also remain legal.

Why the change?   In May 2026, the Texas Supreme Court allowed enforcement of a 2021 Texas Department of State Health Services rule classifying Delta-8 and similar THC isomers as controlled substances. That ruling paved the way for enforcement beginning July 31, 2026.

Potential legal consequences: Possessing or selling prohibited THC products may now expose individuals and businesses to criminal penalties under Texas controlled substances laws, depending on the substance and amount involved. Once THC variants are classified as schedule 1 drugs, possession of illegal THC products will be treated as a state jail felony, which carries a punishment of 180 days to two years in prison and fines up to $10,000.

In Texas, customers must be at least 21 years of age to purchase THC products.