lookup
Is it legal here, on this date?
Texas · CBD (≤0.4 mg THC per container) · on Oct 10, 2026
Licensed channel only
- In short
- 25 TAC ch. 300 as adopted (Texas Register, Mar 20, 2026; read Oct 8, 2026) sets no 0.4 mg threshold; any consumable hemp product retailer needs the DSHS Retail Hemp Registration ($5,000/location/yr) and sells to 21+ only. CBD vapes fall under the SB 2024 vape ban.
- Channel
- Licensed hemp retailer only
- Potency caps
- None stated in the sources checked
- Minimum age
- 21+
- Retailer licence
- Required · official registry
- Shipping into the state
- Unclear
- Effective
- Mar 31, 2026
- Next scheduled change
- None scheduled in the sources checked
- Pending
- 15th COA No. 15-26-00099-CV (appeal of the injunction against the Mar 31 rules): appellant's reply brief filed 2026-09-17; amicus brief received 2026-10-01; on 2026-10-05 the appeal was set for submission and oral argument on Dec 8, 2026 at 9:30 AM. Federal: Monti v. Garcia, S.D. Tex. 3:26-cv-00254: TRO denied 2026-08-09; amended complaint filed 2026-09-17; plaintiff's summary-judgment motion filed 2026-09-29; answers were due 2026-10-09; initial conference 2026-11-04; no separate preliminary-injunction motion appears on the RECAP docket index (read Oct 8, 2026).
- Statute / rule
- Tex. Health & Safety Code ch. 443; 25 TAC ch. 300 · 25 TAC ch. 300 adopted rules (Texas Register, Mar 20, 2026)
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: stays hemp after Dec 11
Products at or under 0.4 mg total THC per container with only naturally occurring cannabinoids remain hemp under the new definition. State rules still apply.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.