Texas Is Increasing Enforcement on THC and Hemp Products: What You Need to Know

The State of Texas has directed the Texas Department of Public Safety (DPS) to increase inspections of businesses selling hemp and THC products. According to the Governor’s Office, the goal is to prevent the sale of products that exceed legal THC limits and to ensure that age restrictions are being followed. This shift means more attention on how these products are sold, labeled, and tested across the state.

This enforcement focuses on:

• Routine inspections of CBD, vape, and smoke shops
• Lab testing of products sold as “hemp-derived”
• Seizure of products that exceed the legal THC threshold
• Verification that stores are properly licensed through the state

The Texas Department of State Health Services (DSHS) Consumable Hemp Program also establishes guidelines for labeling and documentation of hemp products. Retailers are required to maintain records showing the THC concentration in each batch and to provide access to a certificate of analysis. This means the content of the product matters, and so does the paperwork that comes with it.

Additionally, the Texas Alcoholic Beverage Commission adopted emergency rules effective September 23, 2025, requiring license and permit holders to verify that customers are 21 or older before selling consumable hemp products. Enforcement of these age-restriction requirements began on October 1, 2025.

Are Delta-8 and Delta-9 THC Products Legal in Texas?

Hemp is legal in Texas only if the product contains 0.3% THC or less, which is the same limit set under federal law. The Texas State Law Library notes that hemp products must stay below this threshold to be legally sold.

However, many products marketed as hemp-derived THC or Delta-8 have tested above the legal limit, even when the packaging claims they comply with state law. If testing shows the THC concentration is higher than allowed, the product can be treated the same as illegal marijuana.

Because of this, possession of certain gummies, vapes, oils, or concentrated products may result in criminal charges. The level of the charge depends on THC concentration and product weight:

• Misdemeanor possession, for smaller amounts
• Felony possession, for higher concentrations or larger quantities

The important thing to understand is that the law is based on laboratory test results, not on what the label says or how the product is advertised.

How Could This Enforcement Affect You?

Many people assume that if a product is being sold in a vape shop or wellness store, it must be legal. However, the increase in state inspections means these products are now receiving closer scrutiny.

The state is paying attention to:

• Where the product came from
• Whether the retailer has the required license
• Whether the product actually matches the THC level listed on the label

If a product you purchased tests above the legal THC limit, you can still be charged with possession even if you bought it from a storefront and believed it was legal. The state relies on lab results, not packaging, advertising, or what a store employee tells you.

This is where people often get caught off guard. What feels like a simple purchase can turn into a criminal case if testing shows the product contains more THC than allowed.

What Can You Do to Reduce Risk?

If you choose to use or buy hemp or THC products, some steps may help reduce the chance of confusion or legal issues:

• Purchasing from stores that can provide recent, third-party lab testing may offer more clarity about product contents
• It can be helpful to ask whether the business holds a current state license
• Products marketed as creating a noticeable “high” are more likely to have THC levels that require closer review
• Packaging alone does not determine whether a product is legal under Texas law

If you are facing a possession charge or investigation:

• You are not required to explain or defend where the product came from
• The fact that the product was sold in a retail store does not guarantee it meets legal THC requirements
• Speaking with a criminal defense attorney can help you understand how testing, evidence collection, and product documentation apply in your situation

Many THC-related cases come down to how the product was tested, stored, and recorded. An attorney can review whether those steps were handled properly and identify where there may be weaknesses in the evidence.

What a Defense Lawyer Can Do in THC Possession Cases

If you are being investigated or charged with possession of a hemp or THC product, a defense lawyer can look at the details of how the product was tested and how the evidence was handled. Legal outcomes often depend on very specific procedures that must be followed correctly.

A lawyer may:

• Review lab testing to determine whether the reported THC concentration is accurate
• Look into whether the retailer was properly licensed at the time of sale
• Examine how the product was seized, stored, and documented
• Identify gaps or weaknesses in the chain of custody or testing method

Greg Tsioros has represented clients in possession and controlled substance cases throughout Texas. His approach is straightforward, focused on clear communication and careful case review. Each situation is different, and the goal is to understand the evidence, evaluate the circumstances, and work toward the best possible outcome.

If you have questions about a THC-related charge, you can contact the Law Office of Greg Tsioros to discuss your situation confidentially.

Frequently Asked Questions

Q: Is Delta-8 legal in Texas right now?
A: Delta-8 products can be legal in Texas only if the THC concentration is 0.3% or less. Products that test above that limit are treated the same as illegal marijuana.

Q: Can I be charged for having a product I bought at a store?
A: Yes. Even if a product was purchased openly, possession can still lead to charges if testing shows the THC level is higher than allowed. Legality depends on lab results, not packaging or store claims.

Q: How do I know if a product is legal?
A: Texas law requires consumable hemp products to come with documentation showing the THC concentration and a certificate of analysis from a third-party lab. If a retailer cannot provide that information when asked, the product may not be compliant.

Q: Do I need to be 21 to buy hemp products in Texas?
A: Yes. Recent emergency rules in Texas require retailers to verify that customers are 21 or older before selling consumable hemp products. Stores are expected to check ID consistently.

Q: If the packaging says “hemp” or “legal,” is that enough to protect me?
A: No. Labels and marketing language do not control how the law applies. THC products are evaluated based on tested concentration, not how they are advertised.

Q: Can THC gummies or vapes lead to felony charges?
A: Potentially, yes. The level of the charge depends on both the THC concentration and the weight or amount of the product. Higher concentration or quantity can result in felony-level charges.

Q: What if the product was mislabeled by the manufacturer?
A: Even if the mislabeling was not your fault, possession charges may still be filed. However, mislabeling and testing discrepancies are issues a defense lawyer can examine closely when evaluating the state’s evidence.

Q: Should I try to explain to police that I thought the product was legal?
A: You are not required to explain or defend where the product came from. Statements made during an investigation can sometimes be misunderstood or used out of context. Speaking with a lawyer can help you understand the best next steps for your situation.