Is THCA flower still legal in Texas?

No — not for sale. Since March 31, 2026 Texas measures hemp by total delta-9 THC (delta-9 + 0.877 × THCA), which puts high-THCA flower out of compliance. What the rule says, what the courts have done, and what December 11, 2026 adds.

Published Sep 18, 2026

Page updated Oct 9, 2026

Short answer, as of October 8, 2026: no, not for sale. Texas measures hemp by total delta-9 THC, computed as delta-9 THC plus 0.877 × THCA, and the result must be 0.3% or less by dry weight. Almost all "THCA flower" fails that test, so it is not hemp under Texas rules and cannot be sold as a consumable hemp product.

The rule

The Department of State Health Services adopted 25 TAC chapter 300 on March 20, 2026, effective March 31, 2026. Section 300.101 defines the total-THC test. Sellers must be registered and buyers must be 21+.

What the courts did

Industry plaintiffs challenged the state's rules; the case is at the Fifteenth Court of Appeals (docket 15-26-00099-CV), which has set oral argument for December 8, 2026 (docket read October 8, 2026). On June 5, 2026 that court denied a motion for temporary orders: "We DENY the motion and lift the administrative stay issued on May 7, 2026."

December 11, 2026 adds a federal layer

Federally, hemp is still measured by delta-9 THC alone until December 11, 2026. From that date the federal definition also counts THCA (total THC ≤0.3%) and caps final products at 0.4 mg total THC per container — P.L. 119-37 §781 as delayed by P.L. 119-103 §2019. Congress could move that date again in the December funding bill; the countdown shows the current status with its source.

What this means for a retailer

Products that fail the Texas total-THC test should already be off the shelf. Ask your lab for a total-THC result (not just delta-9), and keep the COA with the batch. The checker shows the Texas row's caps; testing labs listed on this site come from the USDA list of DEA-registered laboratories.

General information from public sources — not legal advice. Checked October 8, 2026.

Sources

25 TAC §300.101 — total delta-9 THC definition (adopted Mar 20, 2026; eff. Mar 31, 2026) — checked Oct 8, 2026
Fifteenth Court of Appeals docket 15-26-00099-CV (industry challenge) — checked Oct 8, 2026
P.L. 119-103 §2019 — federal total-THC standard delayed to Dec 11, 2026 — checked Oct 8, 2026

Frequently asked questions

›Can I still buy THCA flower in Texas?

Not lawfully from a Texas retailer. Flower above 0.3% total delta-9 THC (counting THCA) is not hemp under the DSHS rules in force since March 31, 2026.

›Is THCA still legal federally?

Until December 11, 2026 the federal hemp definition counts only delta-9 THC. From that date total THC including THCA must be 0.3% or less. The date may move with the federal funding bill; see the countdown.

›What about possession?

This page covers sale. Possession enforcement and pending suits are reported in the press; we label them 'reported' until a court record or agency notice is on file. Not legal advice.

This site provides general information from public sources with the statute and the check date on every row. It is not legal advice, and it never states that a product is legal without the state, the date and the source.