Texas Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Texas. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALTexas allows hemp-derived CBD products with less than 0.3% THC under Texas Agriculture Code Chapter 121. The Texas Department of State Health Services regulates CBD products, requiring registration and testing.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC.
Sale
Sale is legal if products are registered and tested per state requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDTexas permits Delta-8 THC products derived from hemp under the Texas Agriculture Code § 121.001, provided Delta-9 THC content does not exceed 0.3%. However, the Texas Department of State Health Services has issued warnings about unregulated Delta-8 products.
Possession
Legal if hemp-derived and Delta-9 THC ≤ 0.3%.
Retail Sale
Sale allowed with compliance to hemp laws; retailers must ensure products meet THC limits.
Penalties
Penalties apply for possession or sale of products exceeding THC limits, including fines and possible jail time.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal with restrictions in Texas under the 2018 Farm Bill. New DSHS rules effective March 31, 2026, ban smokable hemp and adopt a total THC standard (including THCA) for all consumable hemp products.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Texas and is not classified as a controlled substance under Texas Health and Safety Code Chapter 481. There are no state restrictions on possession or sale.
Possession
Legal to possess kratom.
Sale
Legal to sell and purchase kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Texas under Texas Health and Safety Code § 481.102, classified as a Penalty Group 1 controlled substance. Possession, sale, and manufacture are prohibited.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell, distribute, or manufacture psilocybin mushrooms.
Penalties
Possession is a felony with penalties ranging from 180 days to 99 years imprisonment depending on amount.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is strictly illegal in Texas, with possession of even small amounts classified as a misdemeanor. However, the legal environment is complicated by the 2019 hemp law, which legalized cannabis products with less than 0.3% Delta-9 THC. This has created significant enforcement challenges, as police often cannot distinguish between legal hemp and illegal marijuana without lab testing, leading to prosecutorial discretion and varying enforcement levels across counties.
Personal Possession
Illegal. Possession of 2 ounces or less of marijuana flower is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. Possession of any amount of THC concentrate, such as in a vape cartridge or edible, is a felony.
Retail Purchase
Illegal. The sale of any amount of marijuana is a felony in Texas.
Penalties
Under 2 oz: Class B misdemeanor, up to 180 days, $2,000 fine. 2-4 oz: Class A misdemeanor, up to 1 year. Over 4 oz: state jail felony, 180 days to 2 years. Any amount of THC concentrate is a felony.
Age Restriction
N/A
Salvia
ILLEGALTexas classifies Salvia divinorum as a Penalty Group 3 controlled substance, making its possession a felony offense.
Possession
Illegal. Possession is a felony offense.
Sale
Illegal. Sale is prohibited.
Penalties
Felony penalties apply for possession and sale under Penalty Group 3 controlled substances.
Age Restriction
None