Texas was involved in a long legal battle to regulate the sale and manufacture of smokable hemp flower. Is it legal to buy hemp flower in Texas? Let’s take a look at Texas hemp laws.
Last Update: July 21, 2023
- CBD flower and smokable hemp products are fully legal to buy, possess, and consume in Texas. But, they have to be manufactured out of state.
- Texas was involved in a lengthy legal battle with the hemp industry about smokable hemp. As of this writing, the manufacture and production of smokable hemp is prohibited in this state.
- Texas legalized hemp and hemp-derived products under HB 1325 in 2019.
- State hemp law permits the sale of “consumable hemp products,” including CBD oil.
- CBD oil with less than 0.3% THC is legal in Texas. You can lawfully buy products intended for digestion (foods) that contain cannabidiol as they are not adulterated products.
Is Hemp Flower Legal in Texas?
Yes, CBD flower with less than 0.3% THC is legal to buy and consume in Texas.
Smokable hemp flower is legal in this state for the consumer but not for manufacturers.
Texas law outlaws the processing of smokable hemp flower in the state but doesn’t prohibit its possession or consumption.
In June 2019, Governor Abbott signed HB 1325, which authorized the production, manufacture, retail sale, and inspection of hemp crops and products in Texas. The same bill prohibited “the processing or manufacturing of a consumable hemp product for smoking.”
This means that you can still purchase your hemp flower and smokable hemp products online and use them in Texas. Therefore, the retail sale and wholesale distribution of smokable hemp products made outside Texas is permitted.
Under state law, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Where to Buy Hemp Flower in Texas?
Due to confusing hemp laws, Texans enjoy ordering their hemp flower online.
Because the state doesn’t allow the processing of a consumable hemp product for smoking, you have better chances of finding fresh hemp flowers online. That said, possession and use of smokable hemp are completely legal in Texas.
Texas Hemp Flower for Sale
You can legally order hemp flower and smokable hemp products in the US. Our products are made from organically grown hemp, are non-GMO, and pesticide-free.
To create fresh hemp smokables, we work directly with US-licensed growers who have crafted some incredible strains over the years. The hemp we use for our products comes from the best farms in Washington State, Oregon, and Colorado.
High CBD Hemp Smokables
If you are interested in high-CBD hemp flower, we recommend:
Why Choose Mr. Hemp Flower?
Super Fast Delivery
We deliver your hemp flower within 3 business days — or less — straight to your door.
“Super fast delivery. Very light smell and burned nicely. Gonna try variety next!” – Gary A
Fresh Hemp Smokables
Join hundreds of hemp enthusiasts who enjoy fresh hemp smokables by Mr. Hemp Flower.
“Fresh produce, expertly trimmed and shipped expeditiously to my door in days, not weeks…” – Todd S.
USPS Allows Shipping Hemp
USPS allows the shipping of small quantities of hemp as a legal crop. To comply with the agency’s rules for shipping hemp, we include lab analysis report and notice to law enforcement in each package.
These two documents confirm that you are getting a legal product shipped to your home — hemp flower with less than 0.3% THC.
Don’t Use Smokable Hemp Products in Public
Hemp is no longer a controlled substance in the US, but you should still avoid smoking hemp flower in public. Law enforcement can’t tell the difference between hemp and marijuana, so they are likely to enforce marijuana laws when suspecting unlawful use of cannabis.
Texas Industrial Hemp Program
Texas allows the legal growth and cultivation of hemp within state borders. The state started the licensing process on March 16, 2020, after receiving USDA’s approval on its hemp plan in January 2020.
Total THC Testing Requirements
Now that the rules are adopted, Texas authorities will test hemp plants for Total THC concentration on a dry weight basis. The requirement for testing and disposal comes from USDA Interim Rules.
“The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC), and the test result reflect the total available THC derived from the sum of the THC and THC-A content . “
The DSHS works with the Texas Department of Public Safety on random testing for hemp flowers containing CBD that are sold at retail.
Failed Ban on Retail Sale of Smokable Hemp Products
In March 2020, the state opened applications for hemp production and started implementing the new hemp bill. However, the nation’s second-largest state was dealing with a possible ban on retail sales of hemp flower proposed by regulators.
If adopted, the draft rules published by the Department of State Health Services would ban the in-state processing, manufacturing, and retail sale of consumable hemp products for smoking (and vaping).
“Rule §300.004 MANUFACTURE OF SMOKABLE HEMP PRODUCT. (a) The processing, manufacturing, and retail sale of consumable hemp products for smoking is prohibited.”
Luckily, the proposed ban on retail sales of smokable hemp was not adopted. Only the prohibition of the manufacturing and processing of smokable hemp within state borders was upheld by the Texas Supreme Court.
Therefore, the state allows the retail sale of smokable hemp products manufactured in other states.
Regulating “Consumable Hemp Products”
The production, manufacture, and retail sale of hemp and hemp products, including “consumable hemp products,” became legal with the enactment of House Bill (HB) 1325 in June 2019.
Under the state Consumable Hemp Program, a “consumable hemp product” is “any product processed or manufactured for consumption that contains hemp, including food, a drug, device, and a cosmetic.”
This category of products includes CBD oil, gummy bears and food and drinks infused with CBD. Also, topical lotions, cosmetics, and over-the-counter CBD-containing drugs.
Is CBD Legal in Texas?
Yes, CBD from hemp is legal in Texas.
Under new Texas law, hemp-derived cannabinoids, including cannabidiol (CBD), are not controlled substances or adulterants.
The state permits the sale of “consumable hemp product,” which includes CBD oil and CBD food products with less than 0.3% THC.
Under the new law, products intended for ingestion — which contain CBD — are considered foods and are not controlled substances or adulterated products.
Consumable hemp products must be labeled properly before being distributed or sold. They must include a batch identification number, name of manufacturer, etc.
The regulation and oversight of CBD products in Texas is done by the Food and Drug Administration (FDA) and the Texas Department of State Health Services (DSHS).
FAQs on Hemp Flower Texas State Laws
How much hemp flower can you purchase at once (or one time) in Texas?
Texas doesn’t limit the quantity of hemp flower you can purchase at one time. You may find that some hemp flower shops limit the quantity of hemp flower for sale.
Do you need a special license to purchase hemp flower in Texas?
No, as a regular consumer, you don’t need a special license to purchase small quantities of hemp flower. If you plan on processing hemp flower, you need a special license to purchase large quantities of hemp flower. State law permits the sale of bulk hemp flower as long as it’s not marketed for smoking.
Is it legal to sell hemp flower in Texas?
Yes, it’s legal to sell hemp flower in Texas. Consumers can legally possess hemp flower, but producers are not allowed to manufacture smokable hemp products.
Is CBD from hemp legal in Texas?
Yes, CBD from hemp is legal in Texas. The state legalized hemp cannabinoids, including CBD in food and beverages.
Where can you buy hemp flower in Texas?
You can order your hemp flower online from a reputable source like Mr Hemp Flower. We deliver freshly produced hemp flower and hemp smokables straight to your door within 3 days.
Is CBD oil legal in Texas?
Yes, hemp CBD oil is legal in Texas. The state legalized hemp and hemp-derived products, including CBD oil with less than 0.3% THC.