Hemp Laws & Licensing · TX

Texas hemp laws & licensing

Verified September 29, 2026High confidenceOpen on GHD

At a glance

Retail license / registration required?
Yes — DSHS Consumable Hemp Licensing & Registration (manufacturer license / retail registration)
Minimum age
21+
State THC caps (hemp products)
No state cap stated
Hemp-derived THC products · online sales
Legal (with the state's rules) · online: Allowed
Key law
Tex. Health & Safety Code ch. 443; 25 TAC §300.101 (eff. 2026-03-31); DSHS Schedule I rule (upheld 2026-05-01); Exec. Order GA-56 (2025) — effective July 31, 2026

The law today

Texas requires a DSHS consumable hemp manufacturer license ($10,000/yr per location) to make, process or distribute consumable hemp products and a DSHS retail hemp registration ($5,000/yr per location, including online-only sellers) to sell them; both fees were restored to these levels in the rules adopted effective 2026-03-31 under Executive Order GA-56. Sales to anyone under 21 have been banned since 2025-10-02 (photo ID required), products need batch COAs from ISO 17025 labs with total THC (delta-9 plus THCa) at or below 0.3%, which effectively bars THCa flower, and cannabinoid vapes/e-cigarettes are a criminal offense; the state has not set a per-serving milligram cap.

SB 3 (2025), which would have banned most THC products, was vetoed in June 2025, so there is no statewide THC-product ban, but delta-8 is treated as a controlled substance except for naturally occurring trace amounts (DSHS schedule change effective 2026-07-31, still in litigation). Hemp growers get a TDA producer license and per-planting lot crop permit.

Who regulates it

Licenses & registrations

The law

Testing & COAs

25 TAC ch. 300 testing/COA rules (ISO 17025 lab, batch COA, THCa conversion, 3-year record retention)dshs.texas.gov (opens in a new tab)

Need a lab? COA analysis partners

Steps to a compliant hemp business in Texas

  1. 1

    Register the business with the Texas Secretary of State and get a Texas sales and use tax permit from the Comptroller

  2. 2

    Apply through the DSHS online licensing portal for the Consumable Hemp Manufacturer License ($10,000/yr, FBI fingerprint background check) and/or Retail Hemp Registration ($5,000/yr per location, also required for online-only sellers); display the registration at each location

  3. 3

    Obtain a batch-specific COA from an ISO 17025-accredited lab for every product (total THC incl. THCa ≤0.3%, contaminants) and print the COA URL, batch number, serving size and required warnings on child-resistant packaging

  4. 4

    Verify every buyer is 21+ with a government photo ID; do not sell cannabinoid vapes/e-cigarettes or delta-8 products beyond trace levels

  5. 5

    Keep production, testing, complaint and recall records for at least 3 years and expect unannounced DSHS/DPS/TABC inspections

  6. 6

    Growers: get the TDA Hemp Producer License, then a Lot Crop Permit before each planting, and use a TDA-licensed sampler and registered lab before harvest

On Good Hemp Distro

Recreational (21+) market in Texas

Open on GHD

The Recreational (21+) market is open on Good Hemp Distro for shoppers in this state (21+ only · vendor state permit required).

Shop the marketplace →

Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.

Sources & verification

Verified
September 29, 2026 — every official link above was fetched and checked on that date.
Confidence
High confidence — Official pages verified; law summarised from primary sources.
Research notes
statutes.capitol.texas.gov now renders client-side (JavaScript), so the HSC 443 link shows a blank shell to non-browser tools; it is the official statute link used by DSHS. The 2026 DSHS rules declined to add a per-serving THC cap or a synthetic-cannabinoid definition (flagged for future rulemaking). Smokable-hemp manufacturing ban (HSC 443.204) remains in litigation. The next regular legislative session is January 2027.
Good Hemp Distro market notes
Hemp delta-9 edibles, drinks and tinctures at or under 0.3% THC remain legal for adults 21+ with ID checks; delta-8/10, THCP and THCA flower are Schedule I; cannabinoid vapes banned. Out-of-state online retailers shipping into Texas need a DSHS retail hemp registration. Federal suit: TRO denied 2026-08-10. (Recreational (21+) state dataset, version 2026-09-28)

Cited sources

Texas hemp law FAQ

Short answers drawn from the official Texas sources above (verified September 29, 2026). Not legal advice.

Do I need a license to sell hemp products in Texas?
Yes. Official link: DSHS Consumable Hemp Licensing & Registration (manufacturer license / retail registration) (dshs.texas.gov) — fee: Manufacturer license $10,000/yr per location (+ Texas Online fee ≈ $10,300); Retail hemp registration $5,000/yr per location (+ TOL fee ≈ $5,150). Growers license separately through the state hemp program or USDA.
Who regulates hemp in Texas?
Texas Department of State Health Services – Consumable Hemp Program — Consumable hemp manufacturer licensing, retail hemp registration, product/testing/labeling rules (25 TAC ch. 300). Texas Department of Agriculture – Hemp Program — Hemp producer license and lot crop permits (Agriculture Code ch. 122, 4 TAC ch. 24). Texas Alcoholic Beverage Commission — Enforces 21+ and ID-check rules (16 TAC 35.5–35.7) for TABC-licensed businesses that sell consumable hemp products.
What are Texas's hemp laws in 2026?
Texas requires a DSHS consumable hemp manufacturer license ($10,000/yr per location) to make, process or distribute consumable hemp products and a DSHS retail hemp registration ($5,000/yr per location, including online-only sellers) to sell them; both fees were restored to these levels in the rules adopted effective 2026-03-31 under Executive Order GA-56. Sales to anyone under 21 have been banned since 2025-10-02 (photo ID required), products need batch COAs from ISO 17025 labs with total THC (delta-9 plus THCa) at or below 0.3%, which effectively bars THCa flower, and cannabinoid vapes/e-cigarettes are a criminal offense; the state has not set a per-serving milligram cap. Key law: Tex. Health & Safety Code ch. 443; 25 TAC §300.101 (eff. 2026-03-31); DSHS Schedule I rule (upheld 2026-05-01); Exec. Order GA-56 (2025) (effective July 31, 2026).
What is the minimum age to buy hemp products in Texas?
21+ under Texas law (Tex. Health & Safety Code ch. 443; 25 TAC §300.101 (eff. 2026-03-31); DSHS Schedule I rule (upheld 2026-05-01); Exec. Order GA-56 (2025)). Good Hemp Distro is 21+ everywhere regardless.
Does Texas cap THC in hemp products?
Texas sets no state-level milligram cap in the verified dataset; the federal definition (total THC including THCA at or below 0.3% dry weight) applies, and the state law summary above lists any product rules.
Does Texas require lab testing (a COA) for hemp products?
25 TAC ch. 300 testing/COA rules (ISO 17025 lab, batch COA, THCa conversion, 3-year record retention). Official page: dshs.texas.gov
How do I start a compliant hemp business in Texas?
1. Register the business with the Texas Secretary of State and get a Texas sales and use tax permit from the Comptroller. 2. Apply through the DSHS online licensing portal for the Consumable Hemp Manufacturer License ($10,000/yr, FBI fingerprint background check) and/or Retail Hemp Registration ($5,000/yr per location, also required for online-only sellers); display the registration at each location. 3. Obtain a batch-specific COA from an ISO 17025-accredited lab for every product (total THC incl. THCa ≤0.3%, contaminants) and print the COA URL, batch number, serving size and required warnings on child-resistant packaging. 4. Verify every buyer is 21+ with a government photo ID; do not sell cannabinoid vapes/e-cigarettes or delta-8 products beyond trace levels. 5. Keep production, testing, complaint and recall records for at least 3 years and expect unannounced DSHS/DPS/TABC inspections. 6. Growers: get the TDA Hemp Producer License, then a Lot Crop Permit before each planting, and use a TDA-licensed sampler and registered lab before harvest.

Related

Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.