Are THC Gummies Legal in Texas?

Yes, hemp-derived THC gummies are legal in Texas, while marijuana-derived THC gummies are illegal for recreational use but allowed for specific medical conditions under the state's Compassionate Use Program.

Understanding Hemp-Derived vs. Marijuana-Derived THC Gummies

Before jumping into Texas-specific laws, it’s important to understand the difference between hemp-derived and marijuana-derived THC.

Both types of gummies contain tetrahydrocannabinol (THC), the psychoactive compound responsible for the "high" associated with cannabis, but they come from different sources (plants) and fall under different legal frameworks.

To note, the final THC product derived from either plant is chemically identical. So it will produce the same effects with the same potency regardless of whether you get the THC from hemp or marijuana. 

Hemp-Derived THC Gummies:

These gummies are derived from hemp, a variety of the Cannabis sativa plant that contains no more than 0.3% THC by dry weight. Under federal law, hemp and its derivatives, including hemp-derived THC, were legalized with the 2018 Farm Bill. This includes products such as Delta-9 gummies, as long as the THC content remains within the 0.3% threshold. In Texas, hemp-derived THC gummies are legal for sale. 

Marijuana-Derived THC Gummies:

These gummies are derived from marijuana, which has higher THC concentrations than hemp. Marijuana-derived THC products are still considered illegal at the federal level per the Controlled Substances Act and are subject to state laws. In Texas, marijuana-derived THC gummies are legal for medical use for patients with specific conditions but remain illegal for recreational purposes.

The Legal Landscape of THC Gummies in Texas

Texas has a complicated relationship with cannabis, especially compared to other states that have embraced more liberal marijuana policies. 

While Texas remains conservative in its approach to marijuana legalization, the state has made significant moves in regulating and allowing hemp-derived products.

Here's how Texas laws apply to each type of THC gummy:

Hemp-Derived THC Gummies: Legal in Texas

Hemp-derived THC gummies, including those containing Delta-8 and Delta-9 THC, are legal in Texas.

This is largely due to the passing of House Bill 1325 in 2019, which legalized hemp products in Texas in line with the federal 2018 Farm Bill.

Under this bill, any product that is hemp-derived and contains less than 0.3% Delta-9 THC by dry weight, is legal to buy, sell, carry and consume in Texas.

However, it's important to note that while these products are legal, they are not as tightly regulated as other consumables like dietary supplements or food products.

Consumers need to be mindful of what they're purchasing, ensuring that products are lab-tested for purity and potency to avoid any potential health risks.

Hemp-derived THC gummies are widely available across Texas, often found in health stores, CBD shops, and online with direct-to-consumer sales.

These gummies offer a legal way for Texans to enjoy the numerous benefits of THC without violating the state's stringent marijuana laws.

Marijuana-Derived THC Gummies: Medical Use Only

Marijuana-derived THC gummies are illegal for recreational use in Texas, but there is an exception for medical purposes.

Texas has established the Compassionate Use Program (CUP), which allows certain patients to legally use low-THC cannabis products, including marijuana-derived THC gummies.

The CUP permits products containing less than 1% THC for medical use, which is higher than the 0.3% threshold for hemp-derived products. However, patients must meet strict criteria to qualify for the program.

Eligible conditions include:

• Cancer
• Post-Traumatic Stress Disorder (PTSD)
• Epilepsy
• Multiple sclerosis (MS)
• Amyotrophic lateral sclerosis (ALS)
• Incurable neurodegenerative diseases
• Spasticity

Patients must receive a recommendation from a registered physician in Texas to participate in the program, and the product must be obtained through a licensed dispensary.

The process for acquiring marijuana-derived THC gummies is obviously more strict than for hemp-derived ones, and there are fewer dispensaries across the state compared to some of its progressive neighbors. 

Recreational Use of Marijuana-Derived THC Gummies: Still Illegal

For those hoping for recreational marijuana legalization in Texas, the wait continues.

Recreational use of marijuana, including marijuana-derived THC gummies, remains highly illegal in Texas. They treat it as a schedule I narcotic, in accordance with federal law. 

Possession of even small amounts of marijuana can lead to legal consequences, including fines, jail time, or both.

Efforts to pass bills to legalize recreational marijuana have so far been unsuccessful in the Texas legislature, but advocates continue to push for reform.

It's important to understand that while some states have legalized recreational marijuana, Texas remains one of the more restrictive states in terms of marijuana policy.

Recreational users caught with marijuana-derived THC products, including gummies, risk criminal charges.

So, if you want the same effects without the legal risk, buy THC gummies online that are derived from hemp instead. 

The Impact of House Bill 1325

The passage of House Bill 1325 in 2019 was a turning point for the legality of hemp-derived THC products in Texas. The bill aligned Texas law with the federal 2018 Farm Bill, which legalized hemp at the federal level.

So, you're protected both at a state and federal level. 

This change allowed for the sale and production of hemp products, provided they contain no more than 0.3% Delta-9 THC by dry weight.

Prior to the bill, there was significant confusion surrounding the legality of CBD and hemp-derived products in Texas. House Bill 1325 clarified that hemp-derived THC products, including gummies, could be sold legally, as long as they met the required THC threshold.

This legalization opened the door for the hemp industry to flourish in Texas, with many retailers now offering a wide range of hemp-derived products.

While the state remains cautious about legalizing marijuana for recreational use, the hemp industry continues to grow, providing consumers with legal access to THC gummies and other products.

The Future of THC Gummies in Texas

While hemp-derived THC gummies are currently legal and available in Texas, the state's stance on marijuana-derived THC gummies for recreational use remains strict.

However, with growing public support for cannabis reform and neighboring states like New Mexico and Oklahoma adopting more liberal marijuana policies, there is increasing pressure on Texas lawmakers to reconsider the state's approach.

Medical marijuana advocates continue to push for expanded access through the Compassionate Use Program, and there have been discussions around further decriminalizing marijuana possession.

For now, though, recreational users in Texas will have to settle for hemp-derived THC gummies as the only legal option.

Conclusion

In summary, hemp-derived THC gummies are legal in Texas, thanks to the passing of House Bill 1325 in 2019.

Marijuana-derived THC gummies, however, remain illegal for recreational use, though they are allowed for medical use under the Compassionate Use Program.

While the state has made some progress in cannabis reform, Texas continues to maintain strict marijuana laws compared to other states.

If you're in Texas and interested in trying THC gummies, your best legal option is to explore hemp-derived products, but always ensure you're purchasing from reputable sources to guarantee product quality and compliance with state laws.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?