Texas
Cannabis Law Guide & THCA Vendor SOP
Hemp Law
Texas legalized hemp under HB 1325 (2019) using delta-9 only definition. DSHS adopted Total THC rules effective March 31, 2026, banning THCA flower and smokable hemp. THBC coalition challenging in court. Sky Marketing v. DSHS pending at TX Supreme Court.
Licensing Agency
Texas Department of State Health Services / Texas Department of Agriculture
Licensing Info →Important Note
CRITICAL: HB 1325 statute says "delta-9 THC" only. DSHS changed to Total THC via rulemaking. Legislature rejected SB 3, SB 5, SB 6 that would have changed the definition. Agency doing what Legislature refused to do. THBC coalition (6 attorneys, 3 firms) filing after March 31 for standing. Sky Marketing v. DSHS pending at Supreme Court.
Marijuana / Cannabis Law
Texas Compassionate Use Program (SB 339, 2015) is extremely limited: low-THC cannabis for specific conditions. No adult-use.
Possession Limit
CUP patients: prescribed dosage. Others: 2 oz or less = misdemeanor.
CUP expanded to include PTSD, cancer, all forms of epilepsy. But still very restricted. No flower. THC cap of 1%.
THCA Vendor SOP — Texas
- !
CRITICAL: THCA flower and smokable hemp BANNED in TX after March 31, 2026
- 2
Non-smokable products: Total THC formula applies (0.877 × THCA + Delta-9 ≤ 0.3%)
- 3
Register all consumable hemp products with DSHS
- 4
Lab test per DSHS requirements (accredited lab, Total THC methodology)
- 5
Label: Total THC content, batch, manufacturer, DSHS registration number
- 6
Edibles, tinctures, topicals under 0.3% Total THC remain legal
- 7
LITIGATION: THBC challenging rules — monitor for TRO/injunction
- 8
Sky Marketing v. DSHS pending at TX Supreme Court — potential game changer
- 9
Federal preemption argument available through Nov 12, 2026 (Farm Bill extension)
- 10
Interstate commerce: 2018 Farm Bill protects shipment of Farm Bill-compliant products
Hemp Vendor Requirements
- DSHS consumable hemp product registration
- Total THC testing required after March 31, 2026
- COA per batch
- Smokable hemp products BANNED after March 31
- Non-smokable products must meet Total THC standard
Key Dates
2015: Compassionate Use Program (SB 339)
2019-06-10: Hemp legalized (HB 1325) — delta-9 only definition
2021: Sky Marketing v. DSHS — industry won at trial court
2025: Legislature rejected SB 3, SB 5, SB 6 (Total THC bills)
2026-03-31: DSHS Total THC rules take effect
2026 (pending): THBC coalition legal challenge
Enforcement Notes
DSHS enforces new Total THC rules starting March 31, 2026. Active enforcement expected against smokable hemp retailers. COAs showing delta-9 compliance alone will NOT satisfy new rules. Monitor THBC litigation closely.
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Cannabis laws change frequently. The statute citations and regulatory links were verified as of March 2026 but may have been updated. Always verify current regulations withTexas Department of State Health Services / Texas Department of Agriculture before making business decisions. Consult a licensed attorney in Texas for advice specific to your situation.