Texas

Texas hemp rules, with their status stated honestly.

Every entry below carries its citation, its source, its effective date, and — separately — where enforcement actually stands. Where the honest answer is "under review", the entry says that instead of guessing.

Scope: Texas physical and online retail of consumable hemp products.

Snapshot last reviewed 2026-08-14 · HempDash compliance research — pending Katherine Ulbricht primary-source verification

This page is reviewed reference material, not legal advice. HempDash is not a law firm and does not issue compliance verdicts; decisions about your products belong with you and your counsel.

The rule records

Grouped by how each record reads today. Select an entry to see its full detail — citation, source, dates, enforcement posture, litigation, and what our review has not yet confirmed.

ActiveActive

In effect, with no stay or injunction identified in this review.

COA content requirements for consumable hemp products25 TAC §300.301 (adopted rules, 25 TAC Chapter 300)Active

The adopted DSHS rules set out the required contents of a certificate of analysis for consumable hemp products, including cannabinoid results and batch identification, as a condition of sale in Texas.

Citation: 25 TAC §300.301 (adopted rules, 25 TAC Chapter 300)
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 COA content requirements as such was identified in this review. The total-THC calculation in §300.301(d) is recorded separately below because its posture is different.
Last reviewed: 2026-08-14 · HempDash compliance research — pending Katherine Ulbricht primary-source verification
Pending verification: The exact required-field list is not restated here: our review found conflicting field counts between summaries of the adopted text, so the count is withheld until verified against the rule text itself.

Retail registration for consumable hemp product sellers25 TAC Chapter 300 (registration provisions); Texas Health & Safety Code ch. 443Active

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 — pending Katherine Ulbricht primary-source verification
Pending verification: The $5,000-per-location fee figure is pending confirmation against the adopted fee schedule text.

Registration of online retailers selling into Texas25 TAC Chapter 300 (registration provisions)Active

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 — pending Katherine Ulbricht primary-source verification

Smokable hemp product provisions25 TAC Chapter 300 (smokable hemp provisions); Texas Health & Safety Code ch. 443Active

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 — pending Katherine Ulbricht primary-source verification
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.

21+ age restriction for consumable hemp product salesExecutive Order GA-56 (2025); 25 TAC Chapter 300Active

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 — pending Katherine Ulbricht primary-source verification
Pending verification: Deep link to the GA-56 order text is pending; the source URL is the issuing office's site.

Controlled-substance scheduling of manufactured and synthesized cannabinoids51 TexReg 4597 (published 2026-07-10)Active

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. Which specific products and processes fall within "manufactured" or "synthesized" is a scope question — see the delta-8 record below.
Last reviewed: 2026-08-14 · HempDash compliance research — pending Katherine Ulbricht primary-source verification
Pending verification: Deep link to the 51 TexReg 4597 issue is pending; the source URL is the Texas Register index.

ScheduledScheduled

Signed or adopted with a future effective date. Not in force today.

Federal hemp redefinition — total THC basisP.L. 119-37 §781 (signed 2025-11-12)Scheduled

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 — pending Katherine Ulbricht primary-source verification

0.4 mg total THC per container cap on finished productsP.L. 119-37 §781 (signed 2025-11-12)Scheduled

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 — pending Katherine Ulbricht primary-source verification

Synthesized-cannabinoid exclusion from the federal hemp definitionP.L. 119-37 §781 (signed 2025-11-12)Scheduled

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 — pending Katherine Ulbricht primary-source verification

Under reviewUnder review

The text and its enforceability are not the same question right now. These entries state the verified facts and what is still being verified.

Total-THC limit calculation — 25 TAC §300.301(d)25 TAC §300.301(d)Under review

The adopted rules calculate the THC limit for consumable hemp products on a total-THC basis under §300.301(d), rather than delta-9 THC alone. The provision's effective date and its present enforceability are separate questions, answered separately in this record.

Citation: 25 TAC §300.301(d)
Source: Texas Administrative Code, Title 25, Chapter 300
Effective: Effective per DSHS — March 31, 2026 (adopted rules).
Enforcement: Under review — Litigation posture changed June 2026, verification in progress. This page does not state that the total-THC calculation is currently being enforced, and does not state that it is not; the verified facts are the 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; new federal litigation filed Aug 2026.
Last reviewed: 2026-08-14 · HempDash compliance research — pending Katherine Ulbricht primary-source verification
Pending verification: Present enforcement posture is pending primary-source verification (Katherine Ulbricht). Until that verification lands, treat the calculation method as a live question for counsel, not a settled fact in either direction.

Delta-8 THC products in Texas51 TexReg 4597 (published 2026-07-10, effective 2026-07-31); prior contested historyUnder review

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.
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: 2026-08-14 · HempDash compliance research — pending Katherine Ulbricht primary-source verification
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.

HistoricalHistorical

Never took effect, or no longer does. Recorded because they are still commonly mistaken for current law.

SB 3 (89th Legislature, 2025) — vetoed, never lawSB 3, 89th Legislature, Regular Session (2025); vetoed 2025-06-22Historical

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 — pending Katherine Ulbricht primary-source verification

What changed, and when

The dated sequence behind the statuses above. Dates are the verified anchor; everything else on this page hangs off them.

2026-03-31
Adopted DSHS rules take effect
25 TAC Chapter 300 — COA requirements, licensing and registration (including online retailers selling into Texas), smokable hemp provisions, and the 21+ age provisions — takes effect.
2026-06-05
Injunction dissolution reported in THBC v. DSHS
The Fifteenth Court of Appeals is reported to have dissolved the Travis County temporary injunction bearing on §300.301(d); the interlocutory appeal continues, and the enforcement posture of the total-THC calculation is under review on this page as a result.
2026-07-31
Texas scheduling change takes effect
The controlled-substances scheduling of manufactured and synthesized cannabinoids (51 TexReg 4597, published July 10, 2026) takes effect.
2026-11-12
Federal hemp redefinition scheduled to take effect
P.L. 119-37 §781 — the total-THC federal hemp redefinition, the 0.4 mg total THC per container cap, and the synthesized-cannabinoid exclusion — is scheduled to take effect. A future requirement until that date.

Effective, enforced, litigated — three different questions

"Effective" means the text has legally taken effect on its stated date. That is a fact about the rule, and it is usually easy to verify.

"Enforced" is a different question: whether the agency is actually holding operators to the rule right now. A rule can be effective and paused, effective and contested, or effective and enforced. An effective date never answers the enforcement question by itself, and this page never treats it as if it did.

Litigation is the third question. A court order can suspend enforcement of an effective rule, and a later order can undo that suspension — which is exactly the sequence reported around the §300.301(d) total-THC calculation in 2026. When the courts are mid-motion, the honest posture is the one this page shows: state the verified dates and orders, mark enforcement as under review, and say what is still being verified.

That is why every record above carries the three fields separately. When you see "Under review" on this page, it means our review has verified the dates but not the present enforcement posture — not that the rule is safe to ignore, and not that it is being enforced.

Inspection-readiness checklist

Operational practice for keeping records retrievable — the habit that makes any inspection shorter. Items marked with a citation restate a requirement from the records above; the rest are practice, not law.

A current certificate of analysis on file for every consumable hemp product on the shelf, matched to the batch you are actually selling.
Restates: 25 TAC §300.301
Your DSHS retail registration certificate, current and retrievable for each location — including online sales channels selling into Texas.
Restates: 25 TAC Chapter 300
A written record of your 21+ age-check practice at the point of sale.
Restates: Executive Order GA-56 (2025); 25 TAC Chapter 300
Purchase and supplier records that connect each product on the shelf to where it came from.
Operational practice — not a legal requirement
Label files for current products, kept with the COA for the same batch.
Operational practice — not a legal requirement
A dated note of when you last reviewed this page or your own rule summary, so "what did you know and when" has an answer.
Operational practice — not a legal requirement

The cited items restate requirements from the records above. The uncited items are operational practice we consider sensible — they are not legal requirements, and nothing on this list is a substitute for counsel.

Get verified rule changes by email

When a record on this page changes after review, we write an update and send it — a person, on a review cycle, not an automated feed. Low volume: if nothing verified changed, nothing is sent.

Preparing for November 12, 2026?

The scheduled federal provisions above have their own page — what changes, which product categories the provisions touch, and the evidence worth collecting now.

See the November 12 page →