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The legal status of tetrahydrocannabinol (THC) has been a hot topic across the United States for years, but the introduction of hemp-derived THC has further made understanding current rules and regulations difficult for consumers to understand if they can use it, especially in states like Texas. If you’re interested in the legality of hemp-derived THC in the Lone Star State, this guide will walk you through everything you need to know to try hemp products containing THC with confidence.

At Soul, we believe in the power of education – being informed about the legal status of THC empowers you to make responsible choices. We also offer a range of cannabidiol (CBD) products designed to support your well-being without the high that accompanies THC products (as well as our new hemp-derived Vacay THC Gummies), so feel free to explore our offerings if you’re curious!

What Is Hemp-Derived THC?

Hemp, which is one variant of the Cannabis sativa plant, is a versatile plant containing chemical compounds called cannabinoids.¹ Among these, two major players are THC and CBD. THC is responsible for the psychoactive effects associated with cannabis, while CBD offers potential therapeutic benefits without the high.

In addition to its recreational use, hemp has a long history of medicinal applications. Recent years have seen a growing interest in the potential health benefits of THC derived from hemp, and recent changes to laws have made hemp-derived THC more widely available. 


What Is Cannabis?


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How Does Hemp-Derived THC Work?

When consumed, THC binds to cannabinoid receptors in the brain,2 leading to altered perceptions, mood changes, and, in some cases, a sense of euphoria or relaxation. 

Meanwhile, CBD often provides relief from pain, anxiety, and inflammation without the psychoactive "high" associated with THC.3 

Is Hemp-Derived THC Federally Legal?

The legal status of hemp-derived THC hinges on the 2018 Farm Bill, which federally legalized hemp and hemp-derived compounds, provided they contain no more than 0.3% THC. This means that products derived from hemp that meet this THC threshold are federally legal. 

However, the bill does not legalize all forms of THC or CBD, particularly those derived from marijuana or those containing more than 0.3% THC.

The Current Legal Status Of Hemp-Derived THC In Texas: What You Need To Know

In Texas, the legal landscape for hemp-derived THC is nuanced. Following the 2018 Farm Bill, Texas passed House Bill 1325 in 2019, which legalized hemp cultivation and the sale of hemp-derived products with THC content not exceeding 0.3%. However, any product with a THC concentration higher than this remains illegal. Texas law enforcement also differentiates between different isomers of THC, such as Delta-9 THC and Delta-8 THC, the latter of which has been the subject of legal debate and regulatory scrutiny within the state.

How The 2018 Farm Bill Changed The Game For Hemp-Derived THC

The 2018 Farm Bill was a pivotal moment for hemp-derived THC. By reclassifying hemp as an agricultural commodity and removing it from the list of controlled substances, the bill effectively legalized the production and sale of hemp-derived products at the federal level, as long as they contain less than 0.3% THC. This has led to a burgeoning industry around hemp-derived products, including CBD oils, edibles, and other goods. The bill also opened the doors for more extensive research into hemp and its potential benefits.

Your Guide To Safely Consuming Hemp-Derived THC In Texas

To safely consume hemp-derived THC in Texas:

  • Understand the Law: Always be aware of the latest state laws and regulations regarding hemp-derived THC.
  • Check Labels Carefully: Ensure any product you purchase contains less than 0.3% THC and is compliant with Texas law.
  • Purchase From Reputable Sources: Buy products from reputable retailers who provide third-party lab test results confirming the THC content.
  • Be Cautious With New Products: Approach new hemp-derived THC products with caution, as the legal status of certain cannabinoids can change.
  • Consult With Professionals: If you're unsure about the legality of a product or its effects, consult with legal professionals or healthcare providers.
  • Stay Informed: Keep up with the latest news, as regulations surrounding hemp-derived THC can evolve rapidly.

Always remember that while hemp-derived THC may be legal under certain conditions, its legality can be complex and subject to change with new state legislative actions or interpretations of existing laws.

What Are The Alternatives To Hemp-Derived THC?

There are several alternatives to hemp-derived THC for those seeking relaxation, pain relief, or other therapeutic benefits:

  • CBD Products: CBD is a non-psychoactive compound derived from cannabis that offers many of the potential therapeutic benefits of cannabis without the "high." CBD products come in various forms, including oils, gummies, and topicals. Start here with Soul to discover what CBD can do for you!
  • Natural Supplements: Various herbal supplements, such as valerian root or chamomile, are known for their calming and soothing effects and can serve as alternatives to cannabis for relaxation.
  • Lifestyle Changes: Incorporating healthy lifestyle changes, such as exercise, a balanced diet, and adequate sleep, can significantly impact overall well-being and reduce the need for external substances.

FAQs: Hemp-Derived THC In Texas


Can I grow hemp at home in Texas for personal use?

No, personal cultivation of hemp is not permitted in Texas. Hemp cultivation requires a license from the Texas Department of Agriculture.

Are there restrictions on the types of hemp-derived THC products I can purchase in Texas?

Yes, all hemp-derived products must contain less than 0.3% THC, and consumable hemp products with THC are regulated in Texas.

How do I know if a hemp-derived product is legal in Texas?

Check if the product has a Certificate of Analysis (COA) from a third-party lab showing it contains 0.3% or less THC.

Can I buy hemp-derived THC products online and have them shipped to Texas?

Yes, if the products comply with Texas laws, meaning they contain less than 0.3% THC.

Will using hemp-derived THC products make me fail a drug test?

It's possible, as even small amounts of THC can accumulate in the body and potentially show up on drug tests.

Are there age restrictions for purchasing hemp-derived THC in Texas?

Yes, you must be 21 years or older to purchase hemp-derived THC products.

Can I use hemp-derived THC in public in Texas?

Texas law does not specifically address the public consumption of hemp-derived THC, but it's best to consume it privately to avoid any legal issues.

Are there any Texas-specific regulations regarding the labeling of hemp-derived THC products?

Yes, Texas requires that hemp-derived products are accurately labeled with the product's THC content and a disclaimer that it's derived from hemp.

Can I travel to Texas with hemp-derived THC products?

Yes, as long as the products comply with Texas law, meaning they contain no more than 0.3% THC.

Do I need a prescription to purchase hemp-derived THC products in Texas?

No, a prescription is not required for products that meet the legal threshold of 0.3% or less THC content.


  1. Overview of how cannabis functions: Chayasirisobhon, S. (2020, December). Mechanisms of action and pharmacokinetics of cannabis. The Permanente journal. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8803256/
  2. Lowe, H., Toyang, N., Steele, B., Bryant, J., & Ngwa, W. (2021). The Endocannabinoid System: A Potential Target for the Treatment of Various Diseases. International journal of molecular sciences, 22(17), 9472. https://doi.org/10.3390/ijms22179472
  3. Corroon, J., & Felice, J. F. (2019). The Endocannabinoid System and its Modulation by Cannabidiol (CBD). Alternative therapies in health and medicine, 25(S2), 6–14.