Are THC products legal in Texas? Compassionate Use, Delta 8 and more

AUSTIN, Texas (AP) — Lt. Gov. Dan Patrick says he wants to ban all consumable THC in Texas and plans to sponsor a bill in the upcoming legislative session to ban all forms of the psychoactive substance.

THC, or tetrahydrocannabinol, is the predominant chemical in marijuana that gets people high. Generally, it is available in various forms, from the actual cannabis plant to THC-infused sodas.

But how much THC is actually legal in Texas? Although restrictions have eased over the years, sales of THC products are still limited in the Lone Star State.

No. While many states in the US have legalized recreational marijuana use, this is not the case in Texas.

Yes. The Texas Department of Public Safety (DPS) administers the Compassionate Use Program (CUP) in Texas. As part of the program, DPS operates an online registry – the Compassionate Use Registry of Texas (CURT) – of qualified physicians who can prescribe low-THC cannabis to patients with certain medical conditions.

DPS also manages the licensing of organizations that provide low-THC cannabis to patients at CURT.

The CUP is limited to Texas patients with the following medical conditions:

• Amyotrophic lateral sclerosis
• autism
• Cancer
• epilepsy
• Incurable neurodegenerative disease
• multiple sclerosis
• Post-traumatic stress disorder
• Seizure disorder
• Spasticity
• Medical conditions identified by the Health and Human Services Commission as requiring low-THC cannabis treatment under an approved research program

Patients are not allowed to grow their own cannabis. Only licensed growers are allowed to grow the plant for the production of low-THC cannabis only, and patients must purchase products from a licensed dispensary organization.

Yes, thanks to House Bill 1325, passed in 2019. The law established Texas Health and Safety Code Chapter 443, which allows the commerce throughout the state of edible hemp products that do not exceed 0.3% delta-9 THC.

This law has resulted in the sale of hemp-derived delta-8-THC as well as products containing delta-9-THC in an amount of 0.3% by total weight, which can still be an intoxicating amount in a high ratio.

However, Patrick claims that since last year, “thousands of stores selling dangerous THC products have popped up in communities across the state, and many are selling products, including beverages, containing THC levels three to four times higher than those found in… Marijuana purchased from a drug dealer.”

Following the implementation of Texas Health and Safety Code Chapter 443, many municipalities in Texas have chosen to decriminalize low-level possession of marijuana.

Senate Bill 3, introduced in the upcoming legislative session by State Senator Charles Perry (R-Lubbock), would ban consumable THC in Texas. Patrick says he believes the bill will have “broad bipartisan support” in the Senate and encourages the House to pass it as well.

An outright ban on Delta-8 and other THC products in Texas, HB 2593, failed during the 87th legislative session in 2021 after the provision was removed from the law. Another bill that would have banned delta-8 THC, HB 3948, also failed in the legislature after a failure to reach agreement on changes between the Texas House and Senate versions.

During committee testimony on the bill, the Texas Department of State Health Services (DSHS) said it believes that “Delta-8 remains on the Schedule 1 drug list in Texas,” raising the question of whether it is in the state is already illegal.

DSHS may take enforcement action against hemp licensees who sell edible hemp products that contain controlled substances; However, DSHS does not regulate ownership.