NEW: Select Spectrum Gummies

Delta 8 THC in Texas: Is it Legal? (2021 Guide)

Texas Flag With Hemp

This Legal Disclaimer is incorporated by reference and subject to our Terms of Service, which you agree to by using this website.

We know what you’re thinking.

“Legal THC...in the state of Texas!?”

And yes. That is correct. You can buy Delta-8 THC in Texas

Since 2019, hemp-derived Delta-8 THC has been legal for purchase in the Lone Star State.

When shopping for Delta-8 in Texas, you can:

  • Purchase in-store or order online
  • Pay with cash or card
  • Buy it with just your state ID

Still don’t believe us?

We’ll fill you in with the fine details below.

Related article: What is Delta-8 THC?

Yes, Delta-8 Thc Is Legal In Texas

Delta-8 THC is legal in the state of Texas as of writing this article (6/16/2021). Texas House Bill 1325, signed in to law by Greg Abbott in June 2019, made hemp and “and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis,” legal. (Full HB 1325 text)

Under Texas law, Title 6. Subtitle C. - Substance Abuse Regulations and Crimes, HB 1325 has specific carve-outs for this purpose:

Sec. 481.002. DEFINITIONS.

(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.


(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(E) the sterilized seeds of the plant that are incapable of beginning germination; or

(F) hemp, as that term is defined by Section 121.001, Agriculture Code.

(Full Text)

Cannabis Policy In Texas

Texas House Bill 1325 opened new doors for Texas in the realm of cannabis and the cannabinoids found in the hemp plant. Delta-8 THC is just a logical next step for producers and distributors to make with the legalization of hemp. While Delta-9 THC is still illegal if it is over 0.3% in dry weight, things appear to be changing in Texas. With tax revenue down, Texas legislators are going to be looking for new ways to bring in revenue for the state.

Delta-8 has faced legal adversity in Texas. In the 2021 Texas Legislative Session, there were two attempts to ban the cannabinoid throughout the state. Although made with great intentions toward the hemp industry, HB 3948 and HB 2593 had amendments which would have outlawed Delta-8 THC.

Hometown Hero led a coalition of hemp organizations and businesses to fight against these bills and their amendments. The Texas Senate and House could not reach an agreement on the amendments to HB 3948 in time for the legislative deadline, and the bill died. For HB 2593, the amendment which banned Delta-8 failed to advance, so no changes were made to the legal status of Delta-8 in Texas.

Delta-8 THC, CBD, CBG, and other cannabinoids are leading the way in Texas. Now that Texans are warming up to the idea of hemp, the legalization of Delta-9 might be soon to follow.

Buy Delta-8 Thc Online In Texas

Do you live in Texas?

Want Delta-8 delivered to your home?

Since 2015, Hometown Hero’s mission has been to provide our customers with hand-crafted products while actively donating to organizations that support our nation’s veterans.

We offer a variety of Delta-8 products including:

Hometown Hero is registered with the USPS, our boxes are whitelisted, meaning there will be no legal hassles with your order.

Shop our Delta-8 online store featuring genuine reviews from real customers.

The information provided on this website does not, and is not intended to, constitute legal advice or reliable statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to cause you to buy or not buy any of our products. The laws are different state to state and are constantly evolving. Information on this website may not constitute the most up-to-date legal or other information. Please consult an attorney where you live or are shipping to for verification the legal status of products on this website. Click here for our Legal Disclaimer.



Best Selling Delta 8 THC Products


Share this post


Leave a comment

Note, comments must be approved before they are published


Back to Blog