Hemp derived THC∆⁹ and ∆⁸ in Texas

Current Legal Status of Hemp-Derived Delta-8 and Delta-9 THC in Texas (as of May 31, 2025): hemp-derived Delta-8 and Delta-9 THC products remain legal in Texas for the immediate future, provided they contain no more than 0.3% Delta-9 THC by dry weight, as defined by the 2018 Farm Bill and Texas House Bill 1325 (2019). This legality stems from federal and state laws that classify hemp products with 0.3% or less Delta-9 THC as legal, distinguishing them from marijuana, which is illegal in Texas except for limited medical use. A 2021 federal court ruling and a Texas Supreme Court decision in 2021 further upheld the legality of Delta-8 THC, with an injunction currently in place allowing its sale pending a final ruling expected after the 2025 legislative session. Immediate Future Outlook: Senate Bill 3 (SB 3): The Texas Legislature passed SB 3 in May 2025, which would ban all hemp-derived THC products, including Delta-8 and Delta-9, except for non-intoxicating CBD and CBG. This bill is awaiting Governor Greg Abbott’s signature or veto. If signed into law, the ban would take effect on September 1, 2025, criminalizing the possession, sale, and manufacture of these products, with penalties including fines up to $500 for possession and harsher consequences for repeat offenders or sellers. Governor’s Position: Governor Abbott has not publicly stated whether he will sign or veto SB 3. A spokesperson indicated he will “thoughtfully review” the legislation. The hemp industry, including the Texas Hemp Business Council, is urging a veto, citing the industry’s $8 billion economic impact and 50,000 jobs. Legal Challenges: Industry leaders, such as Hometown Hero, are preparing lawsuits to challenge the ban if it is enacted, arguing it oversteps federal hemp legality and harms consumers relying on these products for pain relief. The ongoing Texas Supreme Court case regarding Delta-8’s classification could also influence future legality. Key Points for the Immediate Future: Until September 1, 2025, or unless Governor Abbott vetoes SB 3, hemp-derived Delta-8 and Delta-9 THC products with 0.3% or less Delta-9 THC remain legal for purchase, possession, and sale in Texas. Retailers must comply with Texas Health and Safety Code Chapter 443, requiring licensing and registration with the Texas Department of State Health Services. Enforcement challenges, such as inconsistent testing and police inability to distinguish legal hemp from illegal marijuana in the field, create risks of arrest or prosecution, even for legal products. Practical Implications: Consumers can currently purchase Delta-8 and Delta-9 THC products (e.g., gummies, vapes, edibles) from licensed retailers or online, as long as they meet the 0.3% Delta-9 THC threshold. Posts on X reflect public concern, with users like @theamuzed1 and @NECanreviews420 highlighting the potential impact of a ban on veterans and patients using these products for chronic pain and other conditions. If SB 3 is signed into law, the legal window for these products will close on September 1, 2025, unless overturned by courts or future legislation. Conclusion: Hemp-derived Delta-8 and Delta-9 THC products are legal in Texas as of now and for the immediate future, but their status is precarious due to SB 3’s potential enactment. Monitor updates from sources like the Texas Tribune or Cannabis Business Times for developments on Abbott’s decision and any legal challenges. If you rely on these products for chronic pain, consider consulting a physician about alternatives through the Texas Compassionate Use Program, which may expand to include chronic pain under H.B. 46, pending legislative resolution.