Texas: consumable hemp notes

What the sources say

1. Texas Health and Safety Code Chapter 443 governs the manufacture, distribution, and sale of consumable hemp products. It defines a consumable hemp product as a food, drug, device, or cosmetic that contains hemp or one or more hemp-derived cannabinoids, including cannabidiol.

   Source: Texas Health and Safety Code, Chapter 443 (https://statutes.capitol.texas.gov/Docs/HS/htm/HS.443.htm)

2. Chapter 443 (Section 443.152) states that a consumable hemp product with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent may not be sold at retail or otherwise introduced into commerce in Texas.

   Source: Texas Health and Safety Code, Chapter 443 (https://statutes.capitol.texas.gov/Docs/HS/htm/HS.443.htm)

3. The Texas Department of State Health Services (DSHS) says retailers must complete the DSHS Retail Hemp Registration to sell consumable hemp products in Texas.

   Source: DSHS Consumable Hemp Products FAQ (https://www.dshs.texas.gov/consumable-hemp-program/consumable-hemp-products-frequently-asked-questions)

4. Governor Executive Order GA-56 (September 10, 2025) directed TABC and DSHS to prohibit the sale of hemp-derived products to minors and to require government-issued ID age verification before sale.

   Source: Texas Register, September 26, 2025 — Executive Order GA-56 (https://www.sos.texas.gov/texreg/archive/September262025/The%20Governor/The%20Governor.html)

5. DSHS states that on October 2, 2025 it adopted emergency rules (25 TAC §300.701 and §300.702) prohibiting licensees and registrants from selling consumable hemp products to customers under 21 and requiring valid government-issued ID before purchase, and that adopted program rules took effect March 31, 2026.

   Source: DSHS Consumable Hemp Program (https://www.dshs.texas.gov/consumable-hemp-program)

6. DSHS told the Senate Health and Human Services Committee that it is enforcing the rules adopted March 31, 2026, including age-gating, inclusion of THC-A in the total delta-9 THC amount, labeling requirements, and updated fees.

   Source: DSHS testimony, Senate HHS Committee (PDF) (https://www.dshs.texas.gov/sites/default/files/legislative/89th/senate-hhs-hemp-rulemaking.pdf)

7. TABC rules 16 TAC §35.5 and §35.6, effective January 21, 2026, prohibit TABC license and permit holders from selling consumable hemp products to anyone under 21 and require ID inspection. TABC states these rules apply only to holders of a TABC license or permit.

   Source: TABC — Consumable Hemp Products (https://www.tabc.texas.gov/texas-alcohol-laws-regulations/consumable-hemp-products/)

8. DSHS states that only trace amounts of delta-8 THC naturally produced by the hemp plant are permissible, and that the Texas schedule affecting delta-8 THC becomes effective July 31, 2026.

   Source: DSHS Consumable Hemp Program (https://www.dshs.texas.gov/consumable-hemp-program)

9. DSHS states that the Texas Supreme Court (June 24, 2022) upheld the statute prohibiting the processing or manufacturing of consumable hemp products for smoking (Health and Safety Code §443.204(4)), while a lower-court injunction allowing distribution and retail sale of smokable products remains.

   Source: DSHS Consumable Hemp Program (https://www.dshs.texas.gov/consumable-hemp-program)

10. Federal: the Congressional Research Service reports that P.L. 119-37 amends the federal hemp definition (7 U.S.C. §1639o) to a total-THC standard including THCA and excludes final hemp-derived cannabinoid products with more than 0.4 milligrams total THC per container. CRS reports that P.L. 119-103 delayed portions of the new definition to December 11, 2026, while the synthetic-cannabinoid exclusion takes effect November 12, 2026.

    Source: Congressional Research Service, IF13136 (updated 2026-09-28) (https://www.congress.gov/crs-product/IF13136)

Not yet confirmed

• [UNKNOWN] How the March 31, 2026 DSHS rules apply to the retail sale of smokable consumable hemp products. A secondary state guide describes them as effectively banning most smokable products; the adopted rule text has not yet been read for this page.
• [UNKNOWN] Texas restrictions on vape products containing cannabinoids. A secondary source mentions a 2025 Texas law; the bill text has not been confirmed for this page.
• [UNKNOWN] Rules for kratom, nicotine, mushroom, and other non-hemp products. Not reviewed for this page.
• [UNKNOWN] Whether any Texas rule changes after the last-reviewed date below apply.