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Is CBD Legal in Texas? CBD Laws & Regulations 2026
THE STATEMENTS ON THIS BLOG ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE FOOD AND DRUG ADMINISTRATION HAS NOT EVALUATED ANY STATEMENTS CONTAINED WITHIN THE BLOG. ATLRX DOES NOT IN ANY WAY GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MESSAGE. THE INFORMATION CONTAINED WITHIN THIS BLOG IS FOR GENERAL INFORMATIONAL PURPOSES ONLY.
CBD Legal Status in Texas
Yes. Hemp-derived CBD is legal in Texas when it contains no more than 0.3% Delta-9 THC. In 2019, Texas legalized hemp-derived CBD under House Bill 1325, following the federal 2018 Farm Bill. As of October 2025, you must be 21 or older to purchase CBD products in Texas (Executive Order GA-56). Senate Bill 2024 now bans CBD vape products in Texas (effective September 2025). A major federal law takes effect on November 12, 2026, that will redefine hemp and restrict some full-spectrum products. CBD oils, tinctures, topicals, gummies, and capsules remain legal for compliant adults in 2026.
Texas is known for independence, and its hemp laws are no exception — evolving rapidly while managing competing interests from regulators, lawmakers, and consumers. If you’ve been asking, “Is CBD legal in Texas?” you’re not alone. A short answer is yes, but the full picture in 2026 is more nuanced than it has ever been.
This guide covers everything you need to know about Texas CBD laws in 2026: the legislation that makes CBD legal, recent regulatory changes that every buyer and retailer must know about, product-specific rules, age requirements, traveling with CBD, and the major federal changes on the horizon.
Table of contents:
Yes — hemp-derived CBD is legal in Texas, provided it meets both state and federal requirements. CBD products must be derived from hemp (Cannabis sativa L.) and contain no more than 0.3% Delta-9 THC by dry weight. Products meeting these standards are not controlled substances under Texas law.
Governor Greg Abbott formally aligned Texas law with federal law in 2019 by signing House Bill 1325. That bill removed hemp and hemp-derived cannabinoids — including CBD — from the Texas Controlled Substances Act and established a regulatory framework for production, manufacturing, and retail sale.
For the general public, marijuana-derived CBD (derived from cannabis plants exceeding 0.3% Delta-9 THC) is illegal, except for registered patients under the Texas Compassionate Use Program (TCUP), described below.
Understanding CBD legality in Texas requires knowing the laws that govern it. Here is a summary of the most important legislation:
| Law / Regulation | What It Does |
| 2018 Farm Bill (Federal) | Legalized hemp nationwide; defined hemp as cannabis with ≤0.3% Delta-9 THC; removed hemp from the federal Controlled Substances Act. |
| Texas House Bill 1325 (2019) | Texas’s foundational hemp law; legalized production, manufacture, retail sale, and possession of hemp-derived CBD in Texas; required mandatory THC testing and compliance labeling. |
| Executive Order GA-56 (Sept. 2025) | Signed by Governor Abbott; mandated 21+ age verification for all hemp product sales; increased DSHS registration fees; tightened labeling, testing, and record-keeping requirements for retailers. |
| Senate Bill 2024 (Sept. 2025) | Banned the sale of all cannabinoid vape and e-cigarette products in Texas; a Class A misdemeanor to market or sell them. |
| H.R. 5371 — Federal Law (Nov. 2026) | Redefines hemp to cap total THC per product container at 0.4 milligrams; will restrict or eliminate many full-spectrum CBD products; CBD isolate expected to remain legal. |
| Texas Health and Safety Code Ch. 443 | Governs the manufacture, distribution, and sale of consumable hemp products in Texas; requires DSHS registration for retailers. |
The cannabinoids CBD (cannabidiol) and THC (tetrahydrocannabinol) are both found in cannabis and hemp plants, but they are treated very differently under Texas law.
As a non-psychoactive substance, CBD does not produce a “high.” Under Texas law, hemp-derived CBD containing no more than 0.3% Delta-9 THC is a legal consumable hemp product. It can be sold in licensed retail stores and online and is not classified as a controlled substance.
THC remains a controlled substance under the Texas Health and Safety Code. Possession and sale of marijuana containing more than 0.3% Delta-9 THC are illegal in Texas. The possession of marijuana can result in misdemeanor or felony charges, depending on the amount.
Despite the fact that hemp-derived THC products (Delta-8, Delta-9 edibles below legal limits, etc.) are currently legal for adults in Texas, the November 2026 federal law will significantly restrict these products. Traditional hemp-derived CBD — especially CBD isolate — is not expected to be affected by those changes.
House Bill 1325 is the foundation of Texas hemp and CBD law. Here is what it established:
These requirements form the baseline. However, significant new rules were layered on top of HB 1325 in 2025, which every Texas CBD buyer and retailer must now understand.
The Texas hemp and CBD landscape changed substantially in 2025. Several new rules are now in effect that did not exist when many articles about the Texas CBD law were first written.
All CBD product sales in Texas now require age verification for buyers 21 and older. Governor Abbott’s Executive Order GA-56, signed September 10, 2025, directed the Texas Alcoholic Beverage Commission (TABC) and DSHS to enforce a minimum purchase age of 21 for all consumable hemp products, including CBD. Retailers must verify a government-issued photo ID for every transaction, regardless of how old the customer appears.
This is one of the most important changes for consumers. Previously, there was no uniform statewide age minimum written into Texas law for CBD. That has changed. If you are under 21, you cannot legally purchase CBD products in Texas.
The state now bans the sale of all e-cigarettes and vape products containing cannabinoids, including CBD. Senate Bill 2024, which went into effect September 1, 2025, prohibits marketing or selling vape products containing cannabinoids, such as CBD vape cartridges, CBD disposables, and Delta-8 vapes. This applies to retailers and online sellers shipping to Texas.
If you have previously purchased CBD vape products in Texas, be aware that this product category is no longer legal to sell in the state. Legal CBD alternatives include oils/tinctures, gummies, topicals, capsules, and pre-rolls (manufactured out of state).
Executive Order GA-56 also directed DSHS to raise registration and licensing fees and increase inspections and enforcement. Current fees as of early 2026:
Retailers are required to maintain comprehensive inventory records, third-party lab test results (COAs), and transaction logs. Products must be clearly labeled with cannabinoid concentration, serving size, and required health warnings.
Senate Bill 3 was passed by the Texas Legislature in June 2025, prohibiting most consumable hemp products containing THC. Governor Abbott vetoed the bill, preferring regulation over prohibition. Two subsequent special legislative sessions also failed to pass a comprehensive THC ban. As a result, CBD edibles, oils, and other ingestible hemp products remain legal in Texas for adults 21 and older.
A new federal law — Section 781 of H.R. 5371, the Continuing Appropriations Act of 2026, signed November 12, 2025 — will take effect on November 12, 2026, and will significantly reshape the hemp and CBD market nationwide, including in Texas.
Here is what the new federal law does:
CBD isolate products, which contain only CBD, are expected to remain legal under the new federal framework. Generally, CBD oils, tinctures, and topicals derived from mature hemp plants are also expected to comply, depending on their cannabinoid profile.
Full-spectrum CBD products that contain THCA or elevated total THC levels may need to be reformulated before November 2026 to remain compliant. ATLRx recommends checking the Certificate of Analysis (COA) of any CBD product you purchase to understand its full cannabinoid profile.
Not all CBD products carry the same legal status in Texas. The table below reflects what is legal as of early 2026:
| Product Type | Legal in Texas? | Notes |
| CBD Oils & Tinctures | Yes | Must contain ≤0.3% Delta-9 THC; sold by registered retailers only. |
| CBD Gummies & Edibles | Yes | Must meet THC limits and labeling requirements; 21+ purchase age required. |
| CBD Topicals (creams, balms) | Yes | Widely available; same THC and labeling compliance required. |
| CBD Capsules & Softgels | Yes | Legal when hemp-derived and compliant. |
| CBD Vape Cartridges | No | Banned under SB 2024 (effective September 2025). Class A misdemeanor to sell. |
| CBD Flower / Pre-Rolls (smoked) | Restricted | Manufacturing for smoking is banned in Texas; products made out of state may be sold. Confirm retailer compliance. |
| CBD Pet Products | Yes (with caution) | Legal when hemp-derived; avoid any health claim language on labels per FDA guidance. |
| Marijuana-derived CBD | No (unless TCUP) | Illegal for general public; available only to registered TCUP patients at licensed dispensaries. |
You must be 21 years of age or older to purchase CBD products in Texas. This requirement was established through Executive Order GA-56 and took effect in October 2025 when TABC began enforcement. The point of sale requires government-issued photo identification for each transaction.
In previous years, there was no uniform statewide minimum age for CBD. Retailers who fail to verify age can face enforcement action by DSHS and TABC.
Online retailers shipping CBD products to Texas are also expected to comply with age verification requirements for Texas customers.
1. Licensed Retail Stores
CBD products can be purchased in person from licensed retailers across Texas, including specialty hemp shops, wellness stores, and some pharmacies and health food stores. Under Executive Order GA-56, every retail location selling consumable hemp products must be registered with DSHS. Ask retailers to confirm their DSHS registration and request a product COA before purchasing.
2. Online CBD Retailers
Buying CBD online from a reputable retailer remains one of the most reliable ways to access lab-tested, compliant products in Texas. When shopping online:
ATLRx publishes full COA lab results for all of our products. It is possible to verify cannabinoid content, THC levels, and safety testing results before you buy.
Texas Dispensaries and the Compassionate Use Program (TCUP)
Texas operates a limited medical cannabis program called the Compassionate Use Program (TCUP). Registered TCUP dispensaries offer hemp-derived CBD products and low-THC medical cannabis to registered patients.
The TCUP was significantly expanded in 2025, and now covers a broader range of qualifying conditions, including:
To access higher-THC CBD products through TCUP, a patient must be diagnosed by an authorized physician and entered into the TCUP registry. Only licensed dispensaries can dispense medical cannabis to registered patients. No general medical cannabis program or recreational cannabis is available in Texas outside of TCUP.
You can travel within Texas with hemp-derived CBD products as long as they contain no more than 0.3% Delta-9 THC and are properly labeled. Keep your CBD products in their original, labeled packaging when traveling to avoid any confusion with law enforcement.
TSA agents are primarily concerned with security threats rather than cannabis or hemp products. CBD products derived from hemp containing less than 0.3% THC are generally permissible on domestic flights under TSA guidelines. However, TSA officers are required to report evidence of possible violations of law to local, state, or federal authorities. Keeping products in their original, clearly labeled packaging is strongly recommended.
When traveling between states with CBD, the legality of the destination state governs what you can legally bring. The majority of states where hemp-derived CBD is legal follow the same 0.3% THC standard as Texas. However, always verify the destination state’s current laws before crossing state lines with any cannabis-derived product.
With Texas’s increased enforcement and the upcoming 2026 federal changes, choosing the right CBD product matters more than ever. Here is what to look for:
Yes. Hemp-derived CBD oil containing ≤0.3% Delta-9 THC is legal in Texas without a prescription. No medical card is needed for hemp-derived CBD. You must be 21 or older to purchase.
No. Hemp-derived CBD is not illegal in Texas when it meets the 0.3% THC limit and is sold by a DSHS-registered retailer.
No. CBD itself is not banned. CBD vape products are banned. Marijuana-derived CBD is illegal for the general public.
21 years of age or older, as of October 2025, under Executive Order GA-56.
Yes. Compliant hemp-derived CBD can be purchased online and shipped to Texas, provided the retailer complies with Texas age verification requirements.
No. Senate Bill 2024 (effective September 2025) banned the sale of all vape or e-cigarette products containing any cannabinoids, including CBD, in Texas.
CBD products derived from hemp are available in Texas dispensaries without a medical card. Higher-THC medical cannabis is only available to registered TCUP patients.
Products exceeding the 0.3% Delta-9 THC limit are classified as marijuana under Texas law, which is a controlled substance. Possession or sale of such products can result in criminal penalties.
Yes. Retailers must register with DSHS for each location. Manufacturers and re-packagers require a separate Consumable Hemp Product License. Fees were increased under GA-56.
CBD isolate and most traditional CBD products (oils, tinctures, topicals) are expected to remain legal. Some full-spectrum products may need reformulation to comply with the new total THC cap of 0.4mg per container.
TCUP is the Texas limited medical cannabis program. Registered patients with qualifying conditions can access low-THC and medical cannabis products from licensed dispensaries.
ATLRx offers a full range of hemp-derived CBD products that meet Texas compliance standards, including CBD oils, gummies, topicals, pre-rolls, and more. Every ATLRx product comes with a published Certificate of Analysis from an accredited third-party lab, so you can verify exactly what you are purchasing before you buy.
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