Texas hemp rules, with their status stated honestly.

The adopted DSHS rules set out the required contents of a certificate of analysis for consumable hemp products as a condition of sale in Texas. Section 300.301(d) names twelve fields, among them laboratory identification and contact information, sample and lot identification, analytical methods and instrumentation with limits of detection and quantitation, an expiration date, measurement of uncertainty analysis parameters, a QR code verifying the authenticity of testing at an accredited laboratory, and results reporting delta-9 THC, total delta-9 THC, and total THC per container.

Citation

25 TAC §300.301(d) (adopted rules, 25 TAC Chapter 300)

Source

Texas Register — adopted rules, 25 TAC Chapter 300 (TRD-202601066)

Effective

In effect — March 31, 2026, adopted DSHS rules filed with the Secretary of State March 2, 2026 (TRD-202601066).

Enforcement

In force — No stay or injunction against the COA content requirements as such was identified in this review. The total delta-9 THC threshold is recorded separately below because its posture is different; §300.301(d) is the certificate-of-analysis field set and carries no threshold of its own.

Last reviewed

2026-08-16 · HempDash compliance research — primary-source verification pending

Pending verification

The required-field list was verified 2026-08-16 against two independent official publications — the DSHS adopted-rule text and the Texas Register adoption notice (TRD-202601066) — which agree that §300.301(d) names twelve fields. The earlier conflicting counts came from third-party summaries rather than the adopted text, and the count is therefore no longer withheld. The HempDash compliance team ratified the interpretation 2026-08-17: the twelve-field list is complete with no incorporated-by-reference additions, and the §300.303(h) analyte list is separate (receipt kv-receipt-2026-08-17-coa-q4). Open questions this record asserts in neither direction: the total delta-9 THC computation method (Q1) and present enforcement posture.

The adopted rules require retailers of consumable hemp products to register with DSHS, with a registration fee of $5,000 per retail location under the adopted fee provisions.

Citation

25 TAC Chapter 300 (registration provisions); Texas Health & Safety Code ch. 443

Source

Texas Administrative Code, Title 25, Chapter 300

Effective

In effect — March 31, 2026 (adopted DSHS rules).

Enforcement

In force — No stay or injunction against the registration requirement was identified in this review.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

Pending verification

The $5,000-per-location fee figure is pending confirmation against the adopted fee schedule text.

The adopted rules explicitly extend retail registration to online retailers selling consumable hemp products to Texas consumers — selling into Texas from outside the state does not place a seller outside the registration requirement.

Citation

25 TAC Chapter 300 (registration provisions)

Source

Texas Administrative Code, Title 25, Chapter 300

Effective

In effect — March 31, 2026 (adopted DSHS rules).

Enforcement

In force — No stay or injunction against the online-retailer registration provision was identified in this review.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

The adopted rules carry provisions specific to smokable hemp products. This record states that the provisions exist and are in effect; it does not summarize their scope, because that summary has not been verified against the rule text.

Citation

25 TAC Chapter 300 (smokable hemp provisions); Texas Health & Safety Code ch. 443

Source

Texas Administrative Code, Title 25, Chapter 300

Effective

In effect — March 31, 2026 (adopted DSHS rules).

Enforcement

In force — No stay or injunction against the smokable hemp provisions was identified in this review.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

Pending verification

The scope of the smokable hemp provisions — and how they interact with earlier smokable-hemp litigation history — is pending counsel verification. The provisions' substance is deliberately not summarized until then.

Sales of consumable hemp products in Texas are restricted to purchasers 21 and over, grounded in Executive Order GA-56 (2025) and carried into the adopted Chapter 300 rules.

Citation

Executive Order GA-56 (2025); 25 TAC Chapter 300

Source

Office of the Texas Governor; Texas Administrative Code

Effective

In effect — GA-56 issued October 2025; the Chapter 300 age provisions took effect with the adopted rules on March 31, 2026.

Enforcement

In force — No stay or injunction against the age restriction was identified in this review.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

Pending verification

Deep link to the GA-56 order text is pending; the source URL is the issuing office's site.

A Texas controlled-substances scheduling change places manufactured and synthesized cannabinoids on the state schedules, published in the Texas Register at 51 TexReg 4597 on July 10, 2026 and effective July 31, 2026.

Citation

51 TexReg 4597 (published 2026-07-10)

Source

Texas Register, Office of the Secretary of State

Effective

In effect — July 31, 2026.

Enforcement

In force — No stay or injunction against the scheduling action was identified in this review. DSHS states on its Consumable Hemp Program page that consumable hemp products "labeled to contain delta-8 THC or shown to contain more than trace amounts of tetrahydrocannabinols, including delta-8 THC, may be detained and referred to law enforcement" (read 2026-08-26). That is the agency's statement of what it may do; it is not a determination that any particular product is unlawful. Which specific products and processes fall within "manufactured" or "synthesized" is a scope question — see the delta-8 record below.

Litigation

Federal challenge: an emergency motion for a temporary restraining order was reported DENIED 2026-08-10 (S.D. Tex., Galveston Division), on the stated ground that plaintiffs had not sufficiently demonstrated irreparable harm; the request for a preliminary injunction was reported still pending. Reported by multiple independent press outlets; the docket was NOT read and the case number is not yet confirmed. State challenge: the temporary injunction was lifted 2026-06-05 by the Fifteenth Court of Appeals at the State's request, and the interlocutory appeal continues — see the total delta-9 THC threshold record below.

Last reviewed

2026-08-26 · HempDash compliance research — primary-source verification pending

Pending verification

Deep link to the 51 TexReg 4597 issue is pending; the source URL is the Texas Register index.

P.L. 119-37 §781 redefines hemp federally on a total-THC basis, so that THCA and other THC values count toward the limit rather than delta-9 THC alone. Signed November 12, 2025; effective November 12, 2026. This is a scheduled future requirement, not a rule in force today.

Citation

P.L. 119-37 §781 (signed 2025-11-12)

Source

Congress.gov — Public Laws, 119th Congress

Effective

Scheduled — effective November 12, 2026. Not in effect today.

Enforcement

Not yet in force — Nothing about this provision is enforceable before its effective date. It is recorded here so operators can prepare, not because it binds anyone today.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

P.L. 119-37 §781 caps finished consumable products at 0.4 mg total THC per container. Signed November 12, 2025; effective November 12, 2026. This is a scheduled future requirement, not a rule in force today.

Citation

P.L. 119-37 §781 (signed 2025-11-12)

Source

Congress.gov — Public Laws, 119th Congress

Effective

Scheduled — effective November 12, 2026. Not in effect today.

Enforcement

Not yet in force — Nothing about this provision is enforceable before its effective date. Container-level total-THC content is the number to know before then.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

P.L. 119-37 §781 excludes synthesized cannabinoids from the federal hemp definition. Signed November 12, 2025; effective November 12, 2026. This is a scheduled future requirement, not a rule in force today.

Citation

P.L. 119-37 §781 (signed 2025-11-12)

Source

Congress.gov — Public Laws, 119th Congress

Effective

Scheduled — effective November 12, 2026. Not in effect today.

Enforcement

Not yet in force — Nothing about this provision is enforceable before its effective date. Whether a given ingredient is "synthesized" within the provision's meaning is a product-specific question for counsel.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending

The adopted rules set the consumable hemp product threshold at a total delta-9 THC concentration of 0.3% or less on a dry weight basis. Texas requires three separate measures to be tested and reported — delta-9 THC, total delta-9 THC, and total THC (§300.301(a)(3), (b)(2)) — and the threshold binds to total delta-9 THC, which is neither delta-9 alone nor total THC. A sample also meets the threshold where the accredited laboratory's measurement of uncertainty produces a distribution or range that includes a result of 0.3% or less. The threshold's effective date and its present enforceability are separate questions, answered separately in this record.

Citation

25 TAC §300.301(a)(3)-(4), §300.301(b)(2), (b)(4); 25 TAC §300.302(b)(1), (c)(3)

Source

Texas Register — adopted rules, 25 TAC Chapter 300 (TRD-202601066)

Effective

Effective March 31, 2026 — adopted DSHS rules, filed with the Secretary of State March 2, 2026 (TRD-202601066).

Enforcement

Under review — The calculation basis is settled by the rule text and is no longer the open question; what remains open is whether the threshold is presently being enforced. Litigation posture changed in June 2026 and remains under verification. This page does not state that the threshold is currently being enforced, and does not state that it is not; the verified facts are the threshold text and effective date above and the litigation history below.

Litigation

THBC v. DSHS — Travis Co. temporary injunction reported dissolved 2026-06-05 by the Fifteenth Court of Appeals; interlocutory appeal continues. Re-checked 2026-08-26 against the plaintiff-side trade organization's own public account, which CORROBORATES the 2026-06-05 lift (at the State's request) and supplies a case number for the interlocutory appeal, No. 15-26-00099-CV, with a plaintiff brief filed 2026-08-14. That source is PARTY-ADJACENT — a party's account of its own litigation — and the appellate record was not read. Separate federal litigation: a temporary restraining order was reported denied 2026-08-10 with a preliminary injunction still pending (see the scheduling record above). NOTE that secondary coverage frequently conflates this case with the separate Sky Marketing delta-8 matter; the Texas Supreme Court ruling reported in May 2026 was in Sky Marketing, not here.

Last reviewed

2026-08-26 · HempDash compliance research — primary-source verification pending

Pending verification

Verified 2026-08-16 against two independent official publications (the DSHS adopted-rule text and the Texas Register adoption notice, TRD-202601066): the threshold binds to total delta-9 THC, the 0.3% boundary is inclusive, and the measurement-of-uncertainty allowance is part of the rule. Those are recorded above as settled fact. The HempDash compliance team resolved the open computation question 2026-08-17: total delta-9 THC is computed as delta-9 THC plus 0.877 times THCA, and per §300.301(d)(12) all three tested values — delta-9 THC, total delta-9 THC, and total THC per container — are required on a conforming COA (receipt kv-receipt-2026-08-17-q1-method). One question remains open and is asserted in neither direction here: the present enforcement and litigation posture.

The legal position of delta-8 THC products in Texas has a contested, unsettled history spanning agency action and litigation since 2021. The July 31, 2026 scheduling of manufactured and synthesized cannabinoids (51 TexReg 4597) bears on delta-8 products to the extent they are produced by synthesis or conversion — a scope question this record does not decide.

Citation

51 TexReg 4597 (published 2026-07-10, effective 2026-07-31); prior contested history

Source

Texas Register, Office of the Secretary of State

Effective

The scheduling action is in effect as of July 31, 2026. How it applies to any particular delta-8 product depends on how that product is made.

Enforcement

Under review — Whether and how the scheduling action is being enforced against specific delta-8 product categories has not been verified in this review. DSHS states on its Consumable Hemp Program page that "[o]nly trace amounts of delta-8 THC naturally produced by the hemp plant from which the consumable hemp product was manufactured are permissible" and that products labeled to contain delta-8 THC, or shown to contain more than trace amounts, "may be detained and referred to law enforcement" (read 2026-08-26). That is the agency's published position on its own authority, not a determination about any particular product.

Litigation

The pre-2026 delta-8 dispute history (agency scheduling attempts and the resulting injunction litigation from 2021 onward) is part of the record but is not summarized here pending counsel verification of its current state.

Last reviewed

2026-08-26 · HempDash compliance research — primary-source verification pending

Pending verification

Counsel verification pending on: (1) which delta-8 production methods fall within the scheduled definitions, and (2) the current state of the earlier delta-8 litigation. The 2026-08-26 pass identified the thread question (2) turns on: the separate Sky Marketing matter, in which the Texas Supreme Court was reported to have ruled in DSHS's favor in May 2026 on delta-8 scheduling. That matter was NOT read and is not summarized here. Secondary coverage routinely conflates it with THBC v. DSHS, so it is named explicitly to keep the two apart.

Senate Bill 3 of the 89th Regular Session, which would have imposed broad restrictions on consumable hemp products, was vetoed by the Governor on June 22, 2025. It never took effect and imposes no requirement on any operator. It appears here because it is still widely — and wrongly — described as current law.

Citation

SB 3, 89th Legislature, Regular Session (2025); vetoed 2025-06-22

Source

Texas Legislature Online

Effective

Never took effect — vetoed June 22, 2025.

Enforcement

Not applicable — A vetoed bill is not law and is not enforced.

Last reviewed

2026-08-14 · HempDash compliance research — primary-source verification pending