Is Delta 8 THC Legal in Texas?

Legality of buying Delta 8 THC in Texas

View all Delta 8 THC Legal States Information

Delta 8 THC is legal in the State of Texas. Let's take a look at what Texas says about these products first and then we'll get into buying and selling them too! 

Delta 9 THC Legal in Texas

As a starting point, we want to see what the state thinks about Tetrahydrocannabinol (THC), in general.  With Delta-9 THC being found most abundantly in hemp, we'll start with this psychoactive cannabinoid, first.  Delta-9 THC is lawful as long as it meets the federal limit of .3% as measured on a dry weight basis.  That amount is also enough THC necessary to provide the user with euphoric effects.

For example, a Texan can order from an online Delta-9 legal supplier and get those in the mail rather than checking out the local smoke shops.  So with Delta-9 being legal, we want to review the legalities of using Delta 8 in the state.


Yes, Delta 8 THC is legal in the State of Texas.

In Texas, Delta 8 is allowed. That’s right, it's not federally illegal like Delta 9 THC (though that could change soon). The 2018 US Farm Bill made CBD and Delta 8 THC both legal so long as the Delta-9 content remains under .3% as per federal law. However, some states have their own legislation on these products within their borders.

Current Texas Delta-8 Legislation

Hemp and derivatives of the cannabis sativa plant, including Delta-8 THC, are legal in Texas. The state defines hemp as any industrial hemp material containing less than 0.3% Delta-9-THC, defined more specifically to include cannabinoids and all acids with a THC concentration below this cutoff point.

In the Agriculture Code Chapter 121, it states the following:

In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

The amendment to state law make clear that Delta-8 THC derived from industrial hemp is legal as long as the Delta-9 THC level doesn't exceed the .3% level.

Texas Industrial Hemp Act

The Industrial Hemp Act authorizes the cultivation, manufacture, retail sale and inspection of industrial hemp crops and associated products such as hemp products as well as other edible parts of the plant and was signed into law in June 2019. The Texas Industrial Hemp Program is now overseen by the state's Department of Agriculture.

List of controlled substances

According to the Texas Controlled Substances Act, Delta-8-Thc from hemp is no longer classified as a Schedule I controlled substance in the state. The list of Controlled Substances in the state does not include hemp, or the tetrahydrocannabinols in hemp.

Buying and Shipping Delta 8 in Texas

Since Delta 8 is legal in the State of Texas, residents can buy D8 THC for sale with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to Texas:

Louisiana, Arkansas, Oklahoma, and New Mexico

Advocacy Groups in Texas Supporting Delta 8 and Hemp Laws

Texans are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Texas Cannabis Advocate


News stories covering raids or busts on Delta 8 Products and stores in Texas


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