Is Delta 9 Legal in Texas?

Delta 9 THC, also known as delta-9-tetrahydrocannabinol, is the primary psychoactive compound found in marijuana. In recent years, the legalization of marijuana and its derivatives for medical and recreational purposes has been a hot topic in many states, including Texas. 

So, is Delta 9 legal in Texas? The answer is not straightforward, as it depends on a number of factors. In this article, we’ll take a closer look at the legal status of Delta 9 THC in Texas and what you need to know if you’re considering using these products.

Marijuana in Texas

First, it’s important to understand the legal framework for marijuana in Texas. Currently, Texas has a limited medical marijuana program that allows for the use of low-THC (tetrahydrocannabinol) cannabis for medical purposes.

Under this program, patients with qualifying medical conditions can access low-THC cannabis products with a prescription from a licensed physician. However, the recreational use of marijuana and its derivatives remains illegal in Texas, and possessing these substances without a valid prescription is a crime.

Delta 9 THC, the primary psychoactive compound in marijuana, falls under the category of illegal substances in Texas. This means that possessing, using, or selling marijuana or marijuana products containing Delta 9 THC without a valid prescription is a crime in the state. 

Texas House Bill 1325

Despite the restrictions on marijuana, Texas has made some exceptions for hemp-derived products. 

In 2019, Texas passed House Bill 1325, which legalized the production, processing, and sale of hemp-derived products, including those containing Delta 9 THC, as long as they contain less than 0.3% Delta 9 THC by weight. This means that products, which are derived from hemp and contain only trace amounts of Delta 9 THC, are now legal in Texas.

However, it’s important to note that the laws surrounding Delta 9 THC and hemp-derived products in Texas can be complex and confusing. For example, while hemp-derived Delta 9 THC products are legal in the state, they may still be subject to restrictions and regulations, such as labeling requirements and testing standards. 

Additionally, it can be difficult to determine the Delta 9 THC content of a product, which can impact its legal status. If you’re considering using Delta 9 THC products in Texas, it’s important to educate yourself on the laws and regulations surrounding these products. This will help ensure that you are using these products in a safe, responsible, and legal manner.


Delta 9 THC is considered an illegal substance in Texas, with the exception of hemp-derived products containing less than 0.3% Delta 9 THC by weight. However, the laws surrounding Delta 9 THC and hemp-derived products in Texas can be complex for newcomers.

Whether you’re a patient seeking access to medical marijuana or simply interested in using hemp-derived Delta 9 THC products, it’s important to understand the legal landscape in Texas and to take the necessary precautions to stay within the law.

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