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] Katherine 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
- 2026-08-16 · HempDash compliance research — pending Katherine Ulbricht primary-source verification
- Court proceedings
- THBC v. DSHS — Travis Co. temporary injunction reported dissolved 2026-06-05 by the Fifteenth Court of Appeals; interlocutory appeal continues; separate federal litigation reported filed 2026. These case details are carried forward from the prior review and were NOT re-verified in the 2026-08-16 primary-source pass.
Review history and evidence state
This statement was included in the reviewed snapshot on 2026-08-16. Independent Katherine verification is recorded by receipt kv-receipt-2026-08-16-threshold-r1r2.