Texas Cannabis History

As of April 2025, Texas maintains a complex legal framework regarding cannabis, encompassing both hemp-derived products and limited medical marijuana use. Understanding the current regulations is crucial for consumers and businesses operating within the state.

General Cannabis Laws in Texas

Hemp and THC Products:

Legal Status: In 2019, Texas legalized the cultivation and sale of hemp products containing less than 0.3% delta-9 tetrahydrocannabinol (THC) through House Bill 1325. This led to a burgeoning market of hemp-derived products, including those containing delta-8 THC. Austin American-Statesman
Proposed Legislation: In March 2025, the Texas Senate passed Senate Bill 3 (SB 3), aiming to ban all consumable hemp products containing any form of THC. The bill's proponents argue that the current laws have been exploited, leading to the sale of dangerously potent products. If enacted, this legislation would significantly impact the state's hemp industry. Regulatory Oversight

Medical Marijuana:

Compassionate Use Program (CUP): Established in 2015 and expanded in subsequent years, the CUP allows physicians registered with the program to prescribe low-THC cannabis (containing no more than 1% THC by weight) to patients with specific medical conditions, including epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress disorder, and incurable neurodegenerative diseases. Texas State Law Library Guides
Access and Prescription: Patients must be permanent residents of Texas and obtain prescriptions from physicians registered with the CUP. There is no age limit for prescriptions, but patients under 18 may require a legal guardian. Texas.gov

Recreational Use:

Recreational use of marijuana remains illegal in Texas. Possession of small amounts can lead to criminal charges, though there have been legislative efforts aimed at decriminalization.

Packaging and Labeling Regulations for Consumable Hemp Products

The Texas Department of State Health Services (DSHS) enforces specific packaging and labeling requirements for consumable hemp products to ensure consumer safety and product transparency.

Packaging Requirements:

Child-Resistant and Tamper-Evident: All consumable hemp products must be enclosed in packaging that is child-resistant and tamper-evident, designed to be significantly difficult for children under five years of age to open.
Opaque and Light-Resistant: Packaging must be opaque and light-resistant to maintain product integrity and prevent degradation. Texas Health Services
Resealable for Multi-Use Products: For products containing multiple servings, packaging must be resealable in a child-resistant manner to ensure continued safety after initial opening.
Prohibited Imagery and Text: Packaging must not include any statement, illustration, or image that could mislead consumers or appeal to individuals under 21 years of age. This includes the use of cartoons, toys, or any other designs commonly marketed to children.

Labeling Requirements:

Labels must include the following details:

Producer Information: Name, address, license number, and telephone number of the manufacturer.
Product Details: Product name, batch identification number/lot number, batch date, net weight or quantity, and a certification that the delta-9 THC concentration of the product or each hemp-derived ingredient does not exceed 0.3 percent.
Ingredient List: All active and inactive ingredients, including potential allergens. Texas Health Services
Usage Instructions: Serving size, total number of servings, and any necessary storage instructions, such as refrigeration requirements.
Certificate of Analysis (COA): A uniform resource locator (URL) that provides or links to a certificate of analysis for the product or each hemp-derived ingredient of the product.

Warning Statements:

Labels must contain specific warnings, including:

"This product contains hemp-derived cannabinoids."Austin American-Statesman
"Keep out of reach of children."
"For use only by adults 21 years of age or older."
"Consult your physician before use if you are pregnant, nursing, have or suspect a medical condition, or are taking any medications."

Prohibited Practices:

False or Misleading Information: Labels must not contain any false, deceptive, or misleading statements, or promote overconsumption.
Attractive to Minors: Packaging and labeling must avoid features that could make the product attractive to individuals under 21 years of age, such as the use of cartoons, toys, or other child-friendly imagery.

Recent Developments

Legislative Actions: In March 2025, the Texas Senate passed SB 3, aiming to ban all consumable hemp products containing any form of THC. The bill's proponents argue that the current laws have been exploited, leading to the sale of dangerously potent products. If enacted, this legislation would significantly impact the state's hemp industry. Regulatory Oversight
Industry Response: The proposed ban has faced opposition from industry stakeholders who argue that it could devastate the burgeoning hemp market in Texas, which has been a significant source of economic growth and tax revenue. The Texas Tribune