Yes. CBD is legal in Texas if it is made from hemp and contains no more than 0.3 percent delta-9 THC and sold according to state rules for labeling and testing. Products that meet these standards can be legally purchased, sold and possessed in Texas today. This direct answer seems to match the way that search engines interpret some intent on CBD legality in the state.
Texas law defines CBD as a “consumable hemp product” if it contains hemp or hemp-derived cannabinoids, and does not exceed the THC threshold established by state and federal law.
Key Takeaways
- Hemp-derived CBD with less than 0.3% THC is legal in Texas if it is produced and labeled as required by regulation.
- Products over 0.3% THC are illegal unless allowed under the Compassionate Use medical program.
- Vape products that contain cannabinoids are currently prohibited from being sold in retail settings.
- Sellers and manufacturers must register with the Texas Department of State Health Services and must abide by strict testing and labeling rules.
- Understanding CBD Laws in Texas
What Makes CBD Legal in Texas
Under Texas statute, CBD products are classified under “consumable hemp products.” To be legal:
- The product must be produced from industrial hemp.
- It cannot contain more than 0.3 percent of delta-9 THC by dry weight.
- It has to be produced, labeled and sold according to state regulatory standards.
- Retailers and manufacturers must be registered with DSHS.
This framework represents the relationship between state and federal regulation wherein the Farm Bill of 2018 legalized hemp and hemp-derived cannabinoids with a 0.3 percent limit of THC.
Existing Regulatory Requirements
Texas has adopted certain rules for consumable hemp products. Products must:
- Have ingredient lists and THC content clearly listed on labels.
- Include batch information and lab test results that can be accessed by QR code.
- Be tested by third-party labs to ensure THC content and safety.
These measures are done to protect consumers and make sure that the product complies with legal standards.
What Is Not Legal in Texas
THC Content Above 0.3%
Products that test over the 0.3 percent delta-9 THC threshold are considered marijuana, and are still illegal for general consumption. Only limited medical use is allowed under the Compassionate Use Program for qualifying conditions.
Cannabinoid Containing Vape Products
As of September 2025, laws were adopted in Texas that limit the sale and marketing of vape products that contain cannabinoids such as CBD, delta-8, and THC. Retailers can be punished for selling such products.
Smokable Hemp Products
While hemp-derived CBD products are legal as long as they are compliant, smokable hemp products are still restricted in sales by current law and regulatory interpretation.
Legal Status by Category
Here is a concise overview of legal status by product type in Texas:
| Product Category | Legal Status |
|---|---|
| Hemp-derived CBD oil/tinctures (≤ 0.3% THC) | Legal |
| Edibles, capsules, creams (≤ 0.3% THC) | Legal |
| CBD vape products | Banned for sale |
| Smokable hemp | Restricted/not legal for sale |
| CBD products with > 0.3% THC | Illegal (unless under medical program) |
How Enforcement Varies
Although the legality of CBD is established by state law, enforcement may differ from jurisdiction to jurisdiction. In certain counties, the prosecution of CBD products containing trace amounts of THC can be interpreted differently by the prosecutor, especially when products do not have clear labeling or lab reports. This has resulted in scrutiny and in rare cases legal action against possession or sale of certain products.
Consumers are advised to retain results from the lab and receipts of purchases, particularly if products are not from well-regulated retail channels.
Buying CBD in Texas
Where You Can Buy
CBD products that are within legal standards can be found in:
- Wellness and vitamin stores throughout the state
- Licensed hemp retailers
- Online vendors shipping compliant products to Texas addresses.
When shopping, always verify:
- THC amounts are [?] 0.3 percent
- Product has independent lab testing
- Retailer adheres to DSHS Regulations
Consumer Safety and Claims
Texas does not permit sellers to make medical claims about CBD products that have not been approved by the FDA. While many consumers report personal benefits, any therapeutic claims must be supported by scientific evidence and approved labeling.
Frequently Asked Questions
Is the personal possession of CBD legal in Texas?
Yes. Possession of hemp-derived CBD products containing no more than 0.3 percent THC is legal. Make sure products are correctly labeled and legally sourced.
Can I buy CBD vapes in Texas?
No. Laws that have been passed in 2025 have prohibited the sale and marketing of vaping products containing cannabinoids in retail settings.
Are CBD edibles legal in Texas?
Yes, if they abide by the THC limit and regulatory labeling/testing requirements.
Is full spectrum CBD legal in Texas?
Full-spectrum products can be legal if they do not contain more than the 0.3 percent delta-9 THC threshold and comply with state rules.
What happens if CBD product has too much THC?
Products over the THC limit are considered marijuana and are illegal for general use outside of limited medical programs.
Conclusion
In summary, CBD is legal in Texas if it is derived from hemp and contains no more than 0.3 percent delta-9 THC, and if products comply with state regulations regarding testing, labeling, and sale. However, restrictions on vape products and differences in enforcement mean that consumers should be cautious, opt for reputable brands, and check for compliance. The legal landscape is dynamic, with legislative efforts continuing to impact the regulation of hemp products. Staying informed about changes and understanding product requirements helps ensure safe and lawful use of CBD in Texas.
Also read more about CBD Legality in Las Vegas
