Hemp, THC and CBD laws in Texas

(26)Minor--A person under 21 years of age.
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§300.701. Restriction on Sale to Minors.
(a) A person is prohibited from delivering, selling, or offering to sell a consumable
hemp product to a minor.
(b) A person who sells CHP must verify each purchaser's age by reviewing a valid
proof of identification before completing the sale of any CHP.
(c) A valid proof of identification may include a driver's license issued by Texas or
another state, a passport, or an identification card issued by a state or government
agency. A valid proof of identification must meet the following criteria:
(1) include a physical description and a photograph that matches the person's
appearance;
(2) provide the individual's date of birth;
(3) be issued by a government agency; and
(4) is not expired.

(44) Total THC--The value determined after the process of decarboxylation, or
the application of a conversion factor if the testing methodology does not include
decarboxylation, that expresses the potential total tetrahydrocannabinol content
derived from the sum of all THC isomers and THCA content and reported on a dry
weight basis. This technique requires the use of the following conversion: [Total
THC = (0.877 x THCA) + THC], which calculates the potential total THC in a given
sample.
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(45) Total delta-9 THC--The value is determined after decarboxylation or by
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(3) have a total delta-9 THC content concentration level on a dry weight basis,
that, when reported with the accredited laboratory's measurement of uncertainty,
produces a distribution or range that includes a result of 0.3% or less.
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(a) A consumable hemp product that exceeds the acceptable hemp THC level or is
adulterated in a manner harmful to human consumption must not be sold at retail
or otherwise introduced into commerce in this state.

The Supreme Court of Texas confirmed in Texas Department of State Health Services v. Sky Marketing Corp. , that delta-8 tetrahydrocannabinol (THC) is a controlled substance and only naturally occurring trace amounts in a hemp plant are exempt from controlled status.
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Only trace amounts of delta-8 THC naturally produced by the hemp plant from which the consumable hemp product was manufactured are permissible.
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The Texas schedule affecting delta-8 THC becomes effective July 31, 2026. This scheduling action reinstates clarifications to the definitions of tetrahydrocannabinols and marihuana extract made to the 2021 Schedule of Controlled Substances.
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Consumable hemp products labeled to contain delta-8 THC or shown to contain more than trace amounts of tetrahydrocannabinols, including delta-8 THC, may be detained and referred to law enforcement. In accordance with Texas Health and Safety Code 443, consumable hemp products may contain delta-9 tetrahydrocannabinol at a concentration of not more than 0.3 percent on a dry weight basis.
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On June 24, 2022, the Texas Supreme Court upheld the Texas statute that prohibits the “processing or manufacturing of a consumable hemp product for smoking” (Health and Safety Code, Section 443.204(4)) in Texas. At the same time, the lower court’s injunction remains, which allows the distribution and retail sale of consumable hemp products for smoking. For more information, view the Frequently Asked Questions webpage .

Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
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``(A) In general.--The term `hemp' means the plant
Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
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``(C) Exclusions.--Such term does not include--
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``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
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``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.

SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).

Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
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Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.

453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).

Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBD

9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
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10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.