In Texas, the legal amount of THC depends on which framework applies to you. Consumer hemp products may contain no more than 0.3 percent delta-9 THC on a dry weight basis. Patients registered under the state’s Compassionate Use Program may obtain low-THC cannabis capped at 10 milligrams of THC per dosage unit. Anything above those limits is treated as marijuana or, in concentrated form, as a Penalty Group 2 controlled substance, and the criminal penalties escalate quickly from there.
The 0.3 Percent Limit on Hemp Products
Texas Agriculture Code Section 121.001 defines hemp as Cannabis sativa L. containing no more than 0.3 percent delta-9 THC on a dry weight basis.1State of Texas. Texas Agriculture Code Section 121.001 – Definition Dry weight basis means the plant material is weighed after moisture is removed, so water content cannot dilute the reading. The same ceiling applies to finished consumer products such as oils, gummies, and flower.2Texas State Law Library. Consumable Hemp Products
That threshold mirrors the federal definition set in the 2018 Farm Bill, which removed hemp from the Controlled Substances Act.3Food and Drug Administration. Hemp Production and the 2018 Farm Bill Texas adopted the same number when the legislature passed House Bill 1325 in 2019, writing the 0.3 percent limit into both the Agriculture Code and the Health and Safety Code.4Texas Legislature Online. Texas House Bill 1325 – Hemp Farming Act
The system is binary. A product that tests at or below 0.3 percent falls under the hemp framework and can be sold legally. The moment it exceeds that number, it loses its hemp classification and becomes marijuana under the Texas Controlled Substances Act. A batch of hemp flower that tests at 0.31 percent is legally identical to high-potency marijuana. There is no intermediate category and no grace period. Manufacturers typically provide a certificate of analysis from an independent lab, and that document is the primary evidence a retailer relies on to show a product is within the limit.
Medical Cannabis: 10 Milligrams Per Dose
The Compassionate Use Program, governed by Chapter 487 of the Health and Safety Code and Chapter 169 of the Occupations Code, operates under a completely different rule.5State of Texas. Texas Health and Safety Code Section 487.001 – Definitions Qualifying patients may obtain low-THC cannabis, defined under current law as a cannabis-derived product containing no more than 10 milligrams of THC per dosage unit.6Texas State Law Library. Compassionate Use Program That per-dose cap replaced the earlier percentage-based limit the program launched with.
A physician registered with the Compassionate Use Registry of Texas (CURT) must enter the patient’s information into the system, and products must come from a licensed dispensing organization. Qualifying conditions include:
- Epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, or an incurable neurodegenerative disease
- Autism, cancer, PTSD, chronic pain, traumatic brain injury, Crohn’s disease or other inflammatory bowel disease
- A terminal illness for which the patient is receiving hospice or palliative care
Cancer no longer requires a terminal diagnosis, a change from earlier versions of the law.6Texas State Law Library. Compassionate Use Program
Registration in the program does not create workplace protection. Texas law does not prevent employers from firing or refusing to hire someone who tests positive for THC, even a registered patient, and federal law offers no protection either since cannabis remains a controlled substance federally. Employers may still enforce drug-free workplace policies and testing.
Delta-8 and Other THC Isomers
Delta-8, delta-10, and similar isomers derived from hemp were widely sold in Texas as legal alternatives to marijuana for years. That footing shifted in May 2025, when the Texas Supreme Court ruled that the Department of State Health Services has authority to classify manufactured delta-8 THC as a Schedule I controlled substance.7Houston Public Media. Texas Can Criminalize Delta-8 for Now The court lifted a 2021 injunction that had blocked DSHS enforcement, though it also ruled that retailers can keep challenging the classification in a separate lawsuit.
House Bill 1325 set the 0.3 percent limit specifically for delta-9 THC. Manufacturers argued other cannabinoid isomers derived from legal hemp fell outside that restriction. DSHS disagreed and pointed to Penalty Group 2 of the Controlled Substances Act, which lists tetrahydrocannabinols other than marijuana itself, including derivatives and isomers. The Supreme Court found the DSHS commissioner had the authority to make that classification.
As a practical matter in 2026, DSHS treats delta-8 as illegal and can enforce that position. Anyone buying or selling delta-8 products in Texas is taking on legal risk that did not exist two years ago.
Age Requirement to Buy Hemp Products
Since late 2025, you must be at least 21 years old to buy any consumable hemp product in Texas. Governor Greg Abbott issued Executive Order GA-56 in September 2025, directing DSHS to prohibit hemp product sales to anyone under 21.8Texas Secretary of State. Proposed Rules Title 25 – Health Services Retailers must check a valid government-issued photo ID before completing a sale, and businesses that sell to minors risk losing their license or registration.9Texas Department of State Health Services. Consumable Hemp Program
Penalties for Going Over the Limit
Once a product crosses 0.3 percent delta-9 THC, it is legally marijuana, and Texas prosecutes marijuana possession by weight under Health and Safety Code Section 481.121:10State of Texas. Texas Health and Safety Code Section 481.121 – Offense: Possession of Marihuana
- Two ounces or less: Class B misdemeanor, up to 180 days in jail and a $2,000 fine
- More than two ounces up to four ounces: Class A misdemeanor, up to one year in jail and a $4,000 fine
- More than four ounces up to five pounds: state jail felony, 180 days to two years and a fine up to $10,000
- More than five pounds up to 50 pounds: third-degree felony
- More than 50 pounds: second-degree felony or higher, reaching up to life imprisonment for quantities above 2,000 pounds
Concentrates Are Punished More Harshly
Concentrated THC products such as waxes, vape cartridges, and dabs are not treated like plant material. The Controlled Substances Act places tetrahydrocannabinols other than marijuana into Penalty Group 2. Possessing less than one gram of a THC concentrate is a state jail felony, so a single vape cartridge can carry 180 days to two years in state jail.11State of Texas. Texas Health and Safety Code Section 481.116 – Offense: Possession of Substance in Penalty Group 2 One to four grams is a third-degree felony, four grams or more is a second-degree felony, and above 400 grams the punishment ranges from five years to life.
The gap catches people off guard. Someone with a small amount of plant material faces a misdemeanor; the same person with a tiny amount of THC oil in a cartridge faces a felony. If a hemp-derived concentrate turns out to exceed the legal delta-9 limit, exposure is under Penalty Group 2, not the marijuana possession tiers.
THC and Driving
Using legal hemp or participating in the Compassionate Use Program does not shield you from a DWI. Texas Penal Code Section 49.04 defines the offense as operating a motor vehicle while intoxicated, and intoxication includes not having the normal use of mental or physical faculties due to any substance.12State of Texas. Texas Penal Code Section 49.04 – Driving While Intoxicated There is no per se THC limit. Officers rely on observed driving behavior, physical signs of impairment, and blood tests.
THC metabolites can linger in the body for days or weeks after use, well after any impairment has passed, and a blood test can still detect them. Texas courts can treat detectable THC as evidence supporting an intoxication charge. Neither medical registration nor the legality of a hemp product is a defense. If an officer concludes your faculties are impaired while you are driving, you can be charged regardless of where the THC came from.