Is CBD Legal in Texas? A Plain-English Guide for 2025
Author: Michael
The Texas CBD market has experienced significant growth since 2019, fueled by the legalization of hemp and the rapid expansion of CBD businesses. In fact, according to the Austin Chamber of Commerce, three major CBD businesses expanded their operations, creating 140 new jobs. Despite this growth, many people still have questions about the legality of CBD and the evolving regulations in Texas. Let’s break down the current status of CBD, where to buy it safely, and what changes are expected for 2025.
Current Legal Status of CBD in Texas
The 2018 Farm Bill: The pivotal moment for CBD in the U.S. came with the passing of the 2018 Farm Bill, which removed hemp from the controlled substances list. Texas swiftly aligned its laws with the new federal guidelines and established the Texas Industrial Hemp Program. This opened the door for the growth of hemp cultivation and the sale of hemp-derived CBD products.
Federal vs. State Laws: Both federal and Texas laws require hemp-derived products to contain less than 0.3% THC. The state follows federal rules closely, ensuring consistency across the country. The Texas Department of Agriculture oversees hemp cultivation, while the Department of State Health Services monitors CBD manufacturing and retail operations. These agencies ensure compliance with Texas regulations and federal standards.
The 2019 Hemp Bill: A Game Changer
House Bill 1325, passed in June 2019, legalized the growth of industrial hemp and the sale of cannabis-derived products in Texas. The bill created clear guidelines for:
Product testing and quality control
Licensing for manufacturers and retailers
Inspection protocols for hemp crops
Consumer safety standards
By 2021, the Texas Department of Agriculture had approved over 5,000 acres for hemp production, marking significant growth in the industry.
Updates for 2024-2025
New legislation is on the horizon. Senate Bill 3, introduced in December 2024, aims to impose stricter restrictions on THC products, including delta-8 THC. If passed, it would take effect on September 1, 2025. Additionally, the state has seen a concerning rise in cannabinoid exposure cases, highlighting the need for ongoing regulation and public education on the safe use of cannabinoids.
Texas currently has over 7,000 registered hemp dispensaries, though some challenges persist with enforcement and regulation.
Understanding Legal CBD Products in Texas
In Texas, there are specific product requirements for CBD products to ensure they meet safety standards and stay within legal limits.
THC Content Requirements
All CBD products in Texas must contain no more than 0.3% delta-9 THC by dry weight. This aligns with federal standards and distinguishes legal CBD from marijuana products, which are subject to more stringent laws. However, medical cannabis can contain up to 1% THC under the Texas Compassionate Use Program.
Approved Product Types
Legal CBD products in Texas include:
CBD-infused food and beverages
CBD oil and tinctures
Topical products (e.g., lotions)
Cosmetics containing hemp-derived ingredients
FDA-approved medications like Epidiolex
Smoking hemp products, however, remains illegal in Texas.
Third-Party Testing Requirements
Texas requires third-party testing for all CBD products, ensuring safety and compliance. Accredited laboratories must verify:
THC content
Heavy metals
Pesticides
Harmful pathogens
Products without proper testing are not allowed for sale in Texas. Consumers can access lab results to verify the quality and safety of products.
Where to Legally Buy CBD in Texas
Texas has a regulated system for CBD sales, and it’s crucial to purchase from licensed retailers.
Licensed Retailers vs. Online Shops
CBD products are sold through:
Licensed physical stores (in-state)
Texas-based online retailers
Out-of-state sellers that ship to Texas (must comply with Texas laws)
Both physical stores and online retailers must display their DSHS Retail Hemp Registration, ensuring that their products meet state standards.
What to Look for When Buying CBD
When purchasing CBD, check the following:
Retailer Legitimacy:
Valid DSHS registration
Clear company information
Professional packaging
Product Quality:
Third-party lab results
THC content (must stay under 0.3%)
Free from heavy metals, pesticides, and harmful pathogens
Safety Considerations:
Avoid products with medical claims
Buy from trusted stores (pharmacies or health stores) rather than convenience stores
FAQs
Q1: What are the current legal requirements for CBD products in Texas?
CBD products must contain less than 0.3% THC, undergo third-party testing, and be labeled with accurate THC content.
Q2: Can I purchase CBD gummies in Texas?
Yes, as long as they meet the 0.3% THC limit and are properly tested and labeled.
Q3: Where can I legally buy CBD products in Texas?
You can purchase CBD from licensed physical stores, online retailers, or reputable health outlets like pharmacies.
Q4: Is it legal to grow hemp for CBD in Texas?
Yes, but only with a proper hemp grower's license.
Q5: What types of CBD products are allowed in Texas?
Legal products include oils, tinctures, lotions, and FDA-approved medications like Epidiolex. Smoking hemp products are prohibited.