The Lowdown on Cannabis Law in Texas.

What is legal in Texas cbd thc d8

What is even legal here?

There are a lot of chats going on about Cannabis in Texas. On one side, there is a real grassroots movement of people in the state pushing for full legalization. Meanwhile, the current administration is fighting to go in the opposite direction with their “smokable hemp ban” which isn’t really a whole ban, at all. 

Make it make sense!

Let’s break it down…

Cannabis laws vary throughout the United States, both on the state and federal levels. Throw in a whole bunch of industry jargon and Cannabinoid wellness terms to get to know, it is no wonder that the average consumer doesn’t understand what they can and cannot enjoy for their own lives.

Texas is a “Hemp State”

Texas is one of many states that allow for hemp-derived products. This means that the source plant for the cannabinoid compounds (like CBD and THC) must come from hemp. 

The definition of “hemp” is the cannabis plant that is high in CBD. This plant must test, at harvest, as having .3% or less D9 THC. That is a tiny amount of D9 THC considering “marijuana” - in other states - averages 20 - 30% D9 THC.

All Power Biopharms products are hemp-derived cannabinoids so they are all legal in Texas and any state that allows for hemp-derived cannabinoids like CBD.

Be aware that your state may allow for hemp-derived cannabinoids like CBD but not allow for Delta-8 THC, a compound that is made by converting CBD. Why? Simply because that conversion process is the difference-maker. 

Learn more about D8 in this blog: D8 or D9? What’s the difference? (new window)

For a list of states that do not allow D8, scroll to the end of this blog.

Texas is currently a hemp state meaning all cannabinoids must be derived from a cannabis plant that is grown with .3% or less d9 thc in the plant. (1)

It’s all Cannabis

Whether hemp or marijuana, they’re both cannabis. One is bred to be high in CBD (hemp) and the other uses the same seed-genetics technology to be high in THC (marijuana). Both hemp and marijuana, because they’re both Cannabis, have the major cannabinoid compounds (CBD and D9 THC) as well as the hundreds of minor cannabinoids and terpenes. 

The laws of each state are written based on the concentration of that plant’s D9 THC percentage. Anything above the Federal USDA requirement of .3% D9 THC or less, in-plant, is considered “marijuana”.

Is that how you have Texas-legal D9 gummies?

Yes! Exactly! Sure, it may take us 100x more plants to get the same amount of D9 THC as in one plant in a place like Colorado, it is still the same compound. If you’ve ever “had the real stuff” in a marijuana-legal state, then you’ve had D9 THC. 

This is also why we don’t have D9 (Marijuana) flower because the plant itself is not allowed to grow in high amounts of D9 THC as we are - yep - a hemp state and that is what is monitored with testing.

Speaking of smokables…

What is the deal with this “smokable hemp ban” in Texas?

The word “ban” is scary as it implies that we are not allowed to sell smokable High CBD flower at all, which isn’t accurate. We can - and do-  still sell our quality indoor-grown flower, we just cannot “manufacture” smokable goods here - meaning - we have to ship it somewhere else for it to be rolled. 

We can no longer stuff our own blunts or roll our pre rolls in-house.

This “ban” makes existing licensed Texas hemp farmers send their flower out of state to be rolled so it can be shipped back and sold. 

Why? We’re not really sure of that answer. 

All that we know is that fans of our indoor-grown craft flower are not going to lose that. We just have to take an extra step on our end to get it ready for you.

If you’re new to smokable flower choices another is to get into the many accessory options out there. Many people choose to get pipes or other home rolling options at their local smoke shop. When doing this, get to know how different strains and terpene combinations change scent and note results. 

While many people enjoy doing this with wine and beer, this level of palette curating and discernment is quite popular in the Cannabis smokable wellness space, too. In fact, wines wouldn’t have different notes if it weren’t for plant terpenes which are prevalent throughout the Cannabis plant family.

So, what’s legal in Texas?

If we’re selling it, it’s legal in Texas. 

That means our products can also be ordered in other states that also allow for hemp-derived compounds. We hope this helps.

Where is D8 THC not allowed?

Currently, Delta-8 (D8) THC products cannot be sold to those in the following states:













New York


North Dakota


Rhode Island

South Dakota

South Carolina



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