Texas total delta-9 THC threshold status

Total delta-9 THC threshold — 25 TAC §300.301(a)(4), §300.301(b)(4), §300.302(b)(1)

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.

[Verified] Compliance team review receipt: kv-receipt-2026-08-16-threshold-r1r2

Primary source

25 TAC §300.301(a)(3)-(4), §300.301(b)(2), (b)(4); 25 TAC §300.302(b)(1), (c)(3)Texas Register — adopted rules, 25 TAC Chapter 300 (TRD-202601066)

Effective status

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.

Last reviewed

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

Court proceedings

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.