The legality of THC in Texas explained at Texas T

The Legality of THC in Texas Explained


It was December of 2016, mid-afternoon on an unusually warm winter day in Austin.  My pocket buzzed with an unknown caller, and I answered it curiously.  The stranger on the other end was a man from Seattle and I could tell immediately, he was special.

After politely introducing himself as a fellow entrepreneur, friend of a friend, he wasted no time and asked me, “Have you ever tried CBD?”

I paused, hoping I could muster an answer better than…

“Nope”, I replied.

He continued. “It’s legal Cannabis and you can buy it right now in Texas”.

As he tried to explain what CBD is, my brain was overwhelmed. ‘Not possible,’ I thought. ‘There’s no way this west coast dude knows more about Texas than I do!’ 

“Where can I buy it?” I responded, unconvinced by his confidence.

“Go to any Smoke Shop in Austin and ask for a CBD gummy, then call me back,” he said even more confidently as he hung up the phone.

I headed straight for the Smoke ATX on S. Lamar and asked for CBD gummies. 

CBD gummies are legal Texas T

‘What do they do?’ I said as the employee handed me a little green bag with froggy-shaped gummies.

‘They help with anxiety, um, I mean…help calm you down,’ as he fumbled for the words that he could legally use to describe them.

‘How are they legal?’ I followed up quickly.

'They're considered hemp, not marijuana', he beamed and our transaction concluded.

How little I realized at the time, but this seemingly insignificant legal terminology, ‘Hemp’, would single-handedly open up access to CBD AND THC for all Texans.


In 2018, Congress legalized Hemp, defining it as “Cannabis Sativa L. with less than .3% THC Delta 9 by weight.”  The idea was to allow for the cultivation of Cannabis that was grown to produce products that were high in CBD and very low in THC.   Each state was now free to adopt their own hemp legislation and submit that legislation to the US Department of Agriculture for approval.  Congress also left discretionary authority to the Food and Drug Administration (FDA) over how to regulate hemp as an additive to food and beverage in interstate commerce.  As of this writing, the FDA’s stance is still prohibitive towards hemp as an additive in food and beverages.

In 2020, Texas did adopt its own legislation, House Bill 1325, legalizing the sale of hemp-derived products containing less than 0.3% THC Delta 9 by weight.  For the most part, the legislation mirrored Federal Hemp Legislation, except there was one important difference – the bill specifically allowed for the addition of hemp to food and beverages, in contradiction to the FDA’s stance.  Because intra-state commerce (within the borders of Texas) isn’t regulated by the FDA, Texas opened its marketplace for adding CBD and small amounts of THC to anything and everything. 

       Delta 9 THC less than .3% of the weight | Hemp at Texas T

Now when I say “small amounts”, I want to shed some more light on this statement.  The ‘less than 0.3% of total weight’ rule applies to any form of the Cannabis plant from the time the plant is harvested (flower/bud) to any finished form of the product (oil, gummies, chocolates, etc.).  If you’re smoking Cannabis bud and the THC is less than .3% of the weight, the THC experience is insignificant.  That is why most bud in recreational states like California and Colorado has upwards of 15-25% of THC by weight.

If you extract the cannabinoids from the plant, the weight of these cannabinoids is insignificant. Here’s a specific example - the Texas T Original Formula is a blend of MCT Oil and Hemp Oil.  The weight of the product is 98.75% MCT Oil.  The remaining 1.25% of the weight is Hemp Oil.  Of that 1.25% Hemp Oil, .25% is THC, .5% is CBD and .5% is CBC.  Because THC is .25% of the weight, it is compliant with the Hemp laws which allow <0.3% THC Delta 9 by weight.

You still with me?

For the Texas T formula, the weight of 1 serving (1 Full Dropper) allows for 2.5 MG of THC.  Not bad, right?!  Just a small amount of oil and you get all the experience that 2.5 MG of THC has to offer – a high-functioning boost to your mood, creativity, and overall spirit.

Texas T provides 2.5MG of Delta 9 THC per serving


Even though you CAN provide an effective amount of THC using Delta 9, some entrepreneurs in Texas sought to circumvent the law, which only called for regulation of Delta 9 THC, making no specific mention of other THC derivatives in Cannabis.  Chemists discovered that although they couldn’t extract enough Delta 8 THC naturally from the plant, they could make the molecular equivalent in a lab.  And because there was no specific regulation around Delta 8, entrepreneurs flooded the market with high amounts of Delta 8 in products.

Those of you who have tried strong concentrations of Delta 8 know that it can be rather effective, giving you a high and sometimes even helping you with other issues like sleep.  However, I’ve personally experienced some negative side effects from Delta 8 – headaches, dry mouth, anxiety, etc. – and I prefer to know that my Cannabis products are grown organically and extracted naturally.

Texas T Delta 9 THC Oil Original Formula |

Here at Texas T, we believe in extracting THC naturally using Organic Food Grade ethanol and CO2.  We never manipulate or synthesize any molecules in a lab.  Our Delta 9 THC Oil provides an incredibly smooth, uplifting high, and the CBD and CBC in our Original Formula have a calming effect. 

We hope you agree!