Delta-9 THC is legal in Texas when it comes from hemp and the product contains no more than 0.3% Delta-9 THC on a dry weight basis. Cross that line and the same plant becomes marijuana, a controlled substance that still carries criminal penalties in Texas. That single percentage is what separates a gummy sold at a wellness shop from a charge under the Health and Safety Code.
The 0.3% Line Between Hemp and Marijuana
Texas law splits the cannabis plant into two legal categories based entirely on Delta-9 THC concentration. Under Texas Agriculture Code Chapter 122, “hemp” means Cannabis sativa L. and all of its parts, extracts, and derivatives when the Delta-9 THC concentration stays at or below 0.3% on a dry weight basis. The state’s definition mirrors the federal one set by the 2018 Farm Bill, which removed hemp from the Controlled Substances Act and reclassified it as an agricultural commodity.1Texas State Law Library. Cannabis – Hemp Products
“Marijuana” is cannabis that exceeds 0.3% Delta-9 THC. The plant itself is identical. Only the percentage decides which body of law applies to what you’re holding.
What Legal Delta-9 Products Look Like
Because hemp is legal, hemp-derived Delta-9 products are widely sold across Texas. Gummies, beverages, tinctures, and other edibles appear at smoke shops, wellness stores, and online retailers. Every one of these products must stay at or below 0.3% Delta-9 THC measured against total dry weight. In practice, a heavy gummy or a 12-ounce drink can contain a noticeable dose of Delta-9 THC and still fall inside the legal limit, because the THC makes up such a small share of the product’s overall weight.
Texas does not currently set a statewide minimum age for buying hemp-derived products the way it does for alcohol or tobacco, though many retailers voluntarily require buyers to be 21. Local jurisdictions may impose their own age rules, so what happens at the register can vary by city or county.
How to Confirm a Product Is Legal
Reputable manufacturers publish a Certificate of Analysis, or COA, for each batch. The COA is a lab report from an independent testing facility, and it is the most reliable way to check that a product falls within the legal THC limit. When you review one, look at:
- The cannabinoid profile, and specifically the Delta-9 THC concentration. It should be at or below 0.3% on a dry weight basis.
- The batch or lot number on the report, which should match the number printed on the packaging.
- The testing lab’s name and accreditation. Labs holding ISO 17025 accreditation follow recognized quality standards.
- Contaminant screening for pesticides, heavy metals, and microbial contamination.
If a product has no COA, or the retailer can’t produce one, treat that as a warning. Without independent verification, you have no way to know whether the product is actually legal hemp or something that crosses into marijuana.
Where the FDA Sits
State legality is only half the picture. The federal Food and Drug Administration has not approved Delta-9 THC as a food additive or dietary supplement. The FDA’s position is that products containing THC or CBD cannot legally be marketed as dietary supplements, and adding THC or CBD to food introduced into interstate commerce is a prohibited act under the Federal Food, Drug, and Cosmetic Act. Texas permits these sales, but the FDA has not endorsed them as safe food or supplement ingredients, and it has sent warning letters to companies making therapeutic claims about their products.2U.S. Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD)
What Happens if the Product Exceeds 0.3%
Once cannabis exceeds the 0.3% Delta-9 THC threshold, Texas treats it as marijuana, and the penalties climb steeply with the amount. Texas Health and Safety Code Section 481.121 sets the tiers:3State of Texas. Texas Health and Safety Code Section 481-121
- Two ounces or less: Class B misdemeanor, up to 180 days in jail and a fine up to $2,000.
- More than two ounces but no more than four ounces: Class A misdemeanor, up to one year in jail and a fine up to $4,000.
- More than four ounces but no more than five pounds: state jail felony, 180 days to two years in a state jail facility and a fine up to $10,000.
- More than five pounds but no more than 50 pounds: third-degree felony, two to ten years in prison and a fine up to $10,000.
- More than 50 pounds but no more than 2,000 pounds: second-degree felony, two to 20 years in prison and a fine up to $10,000.
- More than 2,000 pounds: enhanced first-degree felony, five to 99 years or life in prison and a fine up to $50,000.
THC concentrates like vape cartridges and wax fall under a different section, 481.116, which treats them as penalty group two controlled substances. The per-gram penalties for concentrates are harsher than for plant material, so a single illegal vape cartridge can carry a felony charge that a small bag of flower would not.
Legal Products Can Still Cost You a Job
This is where most people get caught. Using a product that is perfectly legal in Texas can still cost you your job. Standard workplace drug tests screen for THC metabolites and cannot tell THC from a legal hemp gummy apart from THC from illegal marijuana. If you test positive, your employer has no legal obligation to accept “it was a legal hemp product” as a defense.
The stakes rise sharply for safety-sensitive positions regulated by the U.S. Department of Transportation: truck drivers, pilots, train engineers, school bus drivers, pipeline workers, and similar roles. The DOT tests for marijuana, not CBD, and has stated that a positive marijuana result will be verified even if the employee claims it came from a CBD or hemp product. The DOT does not recognize CBD or hemp use as a legitimate medical explanation.4US Department of Transportation. DOT CBD Notice
Texas has no state law shielding employees from adverse action based on a positive drug test tied to legal hemp use. Product labels are also unreliable, and the FDA does not certify THC levels in hemp-derived products, so actual THC content may exceed what the label states. If keeping your job depends on passing a drug test, even legal hemp products carry real risk.
Traveling With Hemp-Derived Delta-9
Flying out of a Texas airport with hemp products is not straightforward. TSA officers focus on security, not drug enforcement, and do not actively search for cannabis. But TSA cannot visually or chemically distinguish a legal hemp edible from an illegal marijuana edible during screening. If an officer flags a product, the matter gets referred to local law enforcement, and the outcome depends on that jurisdiction’s rules.
The 2018 Farm Bill protects interstate commerce in legal hemp at the federal level, so transporting a product that genuinely contains 0.3% THC or less is lawful federally. The practical problem is proving compliance on the spot. Keeping the original packaging and a copy of the product’s COA gives you the best chance of clearing up questions quickly. Cannabis laws vary sharply between states, and a product that is legal in Texas may not be legal where you land or where you drive.
The Medical Program Is a Separate Track
Texas also runs a medical cannabis program under Texas Occupations Code Chapter 169, the Compassionate Use Program. It operates on entirely separate rules from the hemp retail market and is not what governs the Delta-9 gummies and drinks sold in shops. In September 2025, House Bill 46 expanded the program, adding qualifying conditions and replacing the old percentage-based THC cap with a dose-based limit of 10 milligrams of THC per dose and 1,000 milligrams per package. Qualifying conditions now include epilepsy, multiple sclerosis, spasticity, autism, terminal cancer, incurable neurodegenerative diseases, PTSD, chronic pain, Crohn’s disease, traumatic brain injury, inflammatory bowel disease, and conditions requiring hospice or palliative care. Access requires a prescription from a physician registered with the Compassionate Use Registry of Texas, and products come only from a small number of licensed dispensaries.