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Medical-only marketVerified 2026-07

Texas
cannabis & CBD market

Texas is medical-only. Low-THC cannabis is prescribed through the Compassionate Use Program, run by the Department of Public Safety. Adult-use marijuana stays illegal. The state's large hemp retail sector is narrowing fast under new DSHS rules and a federal redefinition landing November 12, 2026.

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The law, as it stands

Texas status board

Legal status
Medical only. Adult-use marijuana is illegal.1
What may be sold at retail
TCUP licensees dispense low-THC cannabis by prescription. DSHS-registered retailers may sell consumable hemp products to adults 21 and older. From July 31, 2026, delta-8, delta-10, THCP and other intoxicating THC variants are Schedule I.1
Governing body
Texas Department of Public Safety for TCUP; Texas DSHS and TABC for consumable hemp1
Program
Texas Compassionate Use Program (TCUP)1
In effect since
2015 (Texas Compassionate Use Act, SB 339)1
THC rule
Low-THC cannabis: no more than 10 mg total THC per dosage unit. Hemp: no more than 0.3 percent delta-9 THC by dry weight, with THCA counted at 88 percent under the DSHS Total THC rule, which is in effect while litigation continues.1

  • 157,586

    Patients listed in the Compassionate Use Registry, lifetime through June 20262

  • 970

    Physicians approved to prescribe low-THC cannabis, June 20263

  • 15

    TCUP dispensing licenses in the DPS expansion: 3 active today, 12 more to be issued4

  • $5,000

    Annual DSHS hemp retail registration fee per location, up from $150, in effect but under challenge16

How it got here

The legislative record

  1. 2015

    The Texas Compassionate Use Act (SB 339) creates TCUP and directs DPS to build a registry of prescribing physicians.1

  2. 2019

    HB 1325 legalizes hemp at up to 0.3 percent delta-9 THC by dry weight, opening the state's consumable hemp retail market.10

  3. 2025

    Governor Abbott vetoes SB 3 on June 22, the bill that would have banned consumable hemp THC products at retail.7

  4. 2025

    HB 46 takes effect September 1, expanding TCUP conditions, setting a 10 mg per dose cap and authorizing 15 dispensing licenses.8

  5. 2025

    Executive Order GA-56, signed September 10, directs DSHS, TABC and DPS to impose a 21 and older age gate and tighter testing and labeling.9

  6. 2026

    DSHS reinstates its 2021 controlled substance definitions effective July 31, returning delta-8, delta-10, THCP and other intoxicating THC variants to Schedule I.15

Who we grow here

Licensed Texas Compassionate Use Program dispensing organizations and their satellite pickup locations

DPS is expanding TCUP to at least 15 dispensing licenses. Three are active today, Fluent, Texas Original and Goodblend, with 12 more conditionally awarded pending final approval. TCUP is prescription-only, so all compete for the same statewide search demand.

  • 01No walk-in storefront to rank. TCUP sells by prescription with delivery and satellite pickup, so 'dispensary near me' queries hand the click to hemp and smoke shops instead.
  • 02Physicians gate the funnel. Only 970 Texas physicians were approved to prescribe as of June 2026, so demand has to be built through condition-led and provider-facing search.
  • 03Twelve new licensees are still coming online, and none has an established Texas retail footprint, Texas review base or local citation profile to rank on, including the multi-state operators among them.
  • 01

    Public health region hub and spoke

    Build one page per Texas public health region served and per satellite pickup point, generated from a single data file so hub link counts always match the region array exactly.

  • 02

    Qualifying condition answer pages

    One extractable page per HB 46 qualifying condition, leading with a named fact, 40 to 60 word answers under question headings, and FAQPage schema that matches the visible text.

  • 03

    Physician and CURT referral SEO

    Rank the provider-side query set: how to register in CURT, prescribing steps, specialty requirements. Providers are the patient entry point, so that is where the volume converts.

  • 04

    Entity graph and AI answer targeting

    Organization and MedicalBusiness schema tied to the DPS license number, plus answer blocks and speakable markup so AI Overviews, ChatGPT and Perplexity cite the licensed operator, not a hemp shop.

What happens next

Legislation watch

Texas has no citizen ballot initiative, so change runs through the Legislature, which next convenes January 12, 2027. Sen. Charles Perry has said he will refile a hemp THC ban. Expect the retail market to keep narrowing while TCUP absorbs the demand.

  • DSHS Schedule I reinstatement for intoxicating THC variants

    Effective July 31, 202615

  • Texas Hemp Business Council challenge to the DSHS Total THC rule

    The Fifteenth Court of Appeals denied the industry's emergency motion in June 2026, so the rule is back in effect. DSHS says it is still determining how to proceed.16

  • Federal hemp redefinition, H.R. 5371 Section 781

    Takes effect November 12, 202614

  • Renewed hemp THC ban bill announced by Sen. Charles Perry

    Planned for the session convening January 12, 202719

Answered on the record

Texas cannabis questions

Is marijuana legal in Texas?

No. Recreational marijuana remains illegal in Texas under Health and Safety Code sections 481.120 and 481.121. The only lawful path is the Texas Compassionate Use Program, where registered physicians prescribe low-THC cannabis to qualifying patients. Separately, consumable hemp products meeting state THC limits may be sold to adults 21 and older.12

Who qualifies for the Texas Compassionate Use Program?

Patients with any qualifying condition listed in Occupations Code Section 169.003 qualify, including epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, autism, cancer, incurable neurodegenerative disease, PTSD, chronic pain, traumatic brain injury, Crohn's disease and other inflammatory bowel disease, and terminal illness or hospice care. A registered physician must enter the prescription in CURT.11

Is delta-8 THC legal in Texas?

Delta-8 THC becomes a Schedule I controlled substance in Texas on July 31, 2026. On that date DSHS reinstates its 2021 controlled substance definitions, classifying delta-8, delta-10, THCP and other intoxicating THC variants as Schedule I. The Texas Supreme Court reversed the injunction blocking those definitions in May 2026, finding DSHS acted within its authority.15

How old do you have to be to buy hemp THC products in Texas?

You must be 21 or older. Sellers of consumable hemp products must check valid government-issued identification before every sale, a rule DSHS adopted after Executive Order GA-56 in September 2025. TABC rules 35.5 and 35.6, effective January 21, 2026, apply the same age gate to TABC-licensed businesses.10

Is THCA flower legal in Texas?

Mostly no. A DSHS Total THC rule counts THCA as 88 percent delta-9, pushing most smokable THCA flower and concentrate past the 0.3 percent limit. The Fifteenth Court of Appeals let the rule take effect again in June 2026, though DSHS says it is still determining how to proceed on enforcement.16

Will federal law change what Texas hemp shops can sell?

Yes. Section 781 of H.R. 5371 redefines hemp effective November 12, 2026, capping total THC, including THCA, at 0.3 percent by dry weight and at 0.4 milligrams per container in finished consumer products. Synthesized cannabinoids are excluded outright, which removes most intoxicating hemp items from the legal market.14

Sources

Every claim on this page traces to a source

  1. 01Compassionate Use Program overview Texas Department of Public Safety
  2. 02CUP Patient Counts CY 2026 Texas Department of Public Safety
  3. 03CUP Physician Counts CY 2026 Texas Department of Public Safety
  4. 04TCUP Licensed Dispensaries: 3 active licenses, 12 more to be issued Texas Department of Public Safety
  5. 05Corrected tabulation for TCUP expansion licenses Texas Department of Public Safety
  6. 06Phase II of TCUP expansion selection process Texas Department of Public Safety
  7. 07SB 3 bill history, 89th Legislature Regular Session: vetoed by the Governor 06/22/2025 Texas Legislature Online
  8. 08HB 46 bill history, 89th Legislature Regular Session Texas Legislature Online
  9. 09Executive Order GA-56 on hemp and hemp-derived products Office of the Texas Governor
  10. 10Cannabis and the Law: Consumable Hemp Products Texas State Law Library
  11. 11Cannabis and the Law: Compassionate Use Program Texas State Law Library
  12. 12Cannabis and the Law: Recreational Use Texas State Law Library
  13. 13Consumable Hemp Products FAQ: retailers register, manufacturers license Texas Department of State Health Services
  14. 14H.R. 5371 enrolled text, Section 781 hemp definition Congress.gov
  15. 15Texas expands THC crackdown: delta-8 and other hemp products face July 31 ban NBC 5 Dallas-Fort Worth
  16. 16Texas rule targeting smokable hemp is back in effect, but enforcement is unclear Houston Public Media
  17. 17DSHS adds non delta-9 THCs to controlled substances list (trade association analysis) Texas Hemp Business Council
  18. 18Texas medical pot industry sprouts new businesses, patients The Texas Tribune
  19. 19State senators push for ban on hemp-derived THC in Texas Spectrum News 1 Austin

Status verified 2026-07. Cannabis law changes quickly, always confirm with the state before acting.

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