Texas hemp after July 31: what's still legal

Updated Oct. 28, 2026: the rules on smokable hemp and the federal dates have changed since this story first ran. This version reflects them.

Austin has become one of the most cannabis-curious cities in a state with no legal marijuana, thanks to hemp. This summer the rules changed sharply, and federal changes arrive in November and December.

What Texas banned on July 31

After a Texas Supreme Court ruling in May 2026, the state health department's 2021 rule took effect on July 31, 2026. It classifies synthetically derived hemp THC as a Schedule I drug. That includes delta-8, delta-10, THCP, THC-O and HHC. Separately, since June 5 hemp must test at 0.3% total THC or less, counting THCA, which rules out most THCA flower. Possessing them can now be a state jail felony, with 180 days to two years in jail and fines up to $10,000. Stores caught selling them risk their hemp licenses.

What's still legal

• Hemp delta-9 THC at less than 0.3% by dry weight, including edibles, drinks and tinctures.
• Smokable hemp, but only if it tests at 0.3% total THC or less, counting THCA. A court paused that rule this spring, but it has been enforced since June 5, 2026.
• You must be 21 or older to buy THC products in Texas.

Cannabinoid vapes, including CBD vapes, have been banned since Sept. 1, 2025. Lawsuits against the state rules are still pending, and a federal judge declined to pause the ban in August, so check for updates before you buy.

What's next: federal changes on Nov. 12 and Dec. 11

A federal spending law passed in November 2025 redefines legal hemp nationwide, and a stopgap law signed in September pushed most of it back a month. Starting Nov. 12, 2026, cannabinoids that the plant can't produce naturally lose hemp status. Starting Dec. 11, 2026, hemp is measured by total THC, including THCA, and finished products are capped at 0.4 mg of total THC per container. That would sweep up most intoxicating hemp products sold in Texas today, including delta-9 gummies and drinks.

What it means if you visit a hemp lounge

• Expect smaller, delta-9-only menus, and call ahead; some shops may close or pivot.
• Don't bring delta-8 or THCA flower from out of state into Texas.
• Texas's medical program (the Compassionate Use Program) is for registered Texas patients only and doesn't accept out-of-state cards.

Our Texas lounge listings in the Directory carry these notes, and the Texas law card stays updated.