Hemp Laws THC and Vapes in Texas

Current Legal Status of Hemp-Derived THC in Texas

Updated: September 4, 2025 — summary of SB6, SB3, SB2024, and what’s legal now.

Short version: edibles, gummies, tinctures, and smokable hemp (≤0.3% Δ9 THC) remain legal in Texas. However, sales and advertising of THC vape products were banned by SB2024 (effective Sept 1, 2025), though possession is still allowed. Broader bans like SB6 and SB3 failed — SB6 died due to lack of agreement, and SB3 was vetoed by Governor Abbott.

✅ Quick summary (click for details)
  • Delta-8 / Delta-9 (hemp-derived): Still legal if Δ9 ≤ 0.3% by dry weight.
  • SB2024: Bans sale & advertising of THC vapes (effective Sept 1, 2025). Possession remains legal.
  • SB6: Would have banned all THC hemp products — failed after Dan Patrick and Gov. Abbott could not reach agreement.
  • SB3: Another hemp-THC ban passed in May 2025 but was vetoed by Abbott.
  • Enforcement risks: Police testing limitations mean legal products can still cause confusion with law enforcement.

Detailed breakdown

Legal status for hemp-derived Δ8 & Δ9 THC

Hemp-derived Delta-8 and Delta-9 THC products remain legal in Texas if they contain no more than 0.3% Delta-9 THC by dry weight. That threshold comes from the 2018 Farm Bill and Texas HB1325 (2019).

This covers edibles, gummies, tinctures, and smokable hemp flower, provided they meet the 0.3% rule.

SB6 — Failed attempt to ban all THC hemp products

Senate Bill 6 (SB6) was introduced in 2025 and would have banned all intoxicating hemp-derived cannabinoids, including Delta-8 and hemp-derived Delta-9 products.

The measure passed the Senate but stalled because Lt. Gov. Dan Patrick wanted a total ban while Gov. Abbott preferred limited restrictions. The lack of agreement killed the bill.

Outcome: SB6 is dead for now and will not return until at least the next legislative cycle.

SB3 — Broad hemp-THC ban (vetoed)

In May 2025, the Legislature passed SB3, which would have outlawed all hemp-derived THC products (leaving only non-intoxicating cannabinoids like CBD/CBG).

Gov. Abbott vetoed SB3, citing concerns over economic impact and overreach, so it never became law.

SB2024 — THC vape restrictions
  • Sale & advertising: Now banned for all THC vape products (cartridges, disposables).
  • Possession: Still legal — the law targets retailers, not consumers.
  • Penalties: Retailers can face Class A misdemeanor charges, with fines and possible jail time.
  • Effect: Vape shops have pulled THC cartridges; consumers may need to look to out-of-state or alternative forms.
Enforcement and practical considerations
  • Field testing limits: Police often cannot distinguish hemp from marijuana during traffic stops, risking wrongful seizure.
  • Testing variability: Inconsistent lab results can complicate compliance for retailers.
  • Licensing: Retailers must stay registered under Texas Health & Safety Code Chapter 443 to stay compliant.

Bottom line: As of this update, hemp edibles and compliant Delta-8/Delta-9 products remain legal. THC vape sales and advertising are banned under SB2024, but possession is still legal. SB6 and SB3 — both aimed at banning all THC hemp products — did not succeed in 2025.

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