Are THC Gummies Legal in Texas

Would you like to know if THC gummies are legal in Texas? We break down everything you should know about their legal status in the Lone Star State. Whether you’re a Texas resident or just curious about the state’s laws surrounding THC-infused edibles, this article will break down the current legal landscape and help you navigate your options.

• THC gummies are legal in Texas, provided they come from hemp and contain less than 0.3% THC.
• Recreational use of marijuana-derived THC gummies is illegal in Texas, although it’s allowed medicinally if the user has a prescription.
• Texas is a highly regulated state; however, it is loosening its approach to products containing THC.
• While Legislation like HB 1325 has cleared the way for hemp-derived THC gummies, those tied to marijuana are still heavily restricted.
• That could change in 2025 in Texas, depending on the legislative updates regarding the future of THC gummies.

Before getting into the nitty-gritty of the legal aspects, let’s clarify what THC gummies are. These are cannabis edibles containing tetrahydrocannabinol, a psychoactive element in cannabis. They come in different forms and flavors, each taken by individuals who wish to experience the THC without the smoke.

For residents in Texas, the question “Are THC gummies legal in Texas?” largely rests on where the THC is derived from: hemp or marijuana. While hemp-derived THC, for the most part, is considered legal, marijuana-derived THC carries more restrictions.

Hemp-based THC gummies are made from industrial hemp plants that contain no more than 0.3% THC by dry weight. Under the 2018 Farm Bill, hemp and its derivatives are federally permitted, making these gummies legal across the U.S.

THC gummies derived from marijuana are made from marijuana plants, which contain a great deal of the ingredient THC. Recreational use of these gummies is prohibited in Texas; however, patients who meet qualifying criteria may obtain them through the medical cannabis program.

Texas has an interesting approach to THC products: its stance on the legality of THC gummies is primarily based on whether these products are made from hemp or marijuana.

Hemp-derived gummies are permitted in Texas as long as the gummies meet federal and state requirements of no higher than 0.3% THC by dry weight. These regulations have allowed hemp-based companies to legally develop and distribute THC gummies within the state. However, consumers should be wary since Texas has strict laws concerning cannabis products, and it is important to verify the source of gummies before purchasing them.

Gummies of marijuana-derived THC, however, remain illegal in Texas for recreational use. As mentioned, recreational cannabis has remained illegal, but medical marijuana has been legalized under the Texas Compassionate Use Act. The program permits patients with qualifying medical conditions to access low-THC cannabis products, which may include gummies. However, access is restricted only to those who qualify under such a program.

To be able to buy marijuana-derived THC products legally, including gummies, patients will have to possess a prescription from a registered physician. The gummies will also be less potent than those sold in states with recreational cannabis, due to restrictions on their THC content to below 1%.

For now, marijuana-derived THC gummies remain illegal for recreational use in Texas. Though many states have gone ahead to legalize the recreational use of cannabis, Texas has not joined in. That means, except you are a registered medical marijuana patient, it is illegal to purchase marijuana-derived THC gummies in the state.

Indeed, HB 1325, passed in 2019 by the Texas State Legislature, legalized hemp-derived products, including both CBD and THC gummies. This has been quite the game-changing Legislation for the industry, as Texans may finally access products made from hemp, including THC gummies, provided they conform to the 0.3% THC rule.

While this was a big win for hemp-derived THC, it didn’t change the status of marijuana-derived products. Under both state and federal law, marijuana remains a controlled substance in Texas, meaning only those with a medical marijuana prescription can legally access marijuana-derived THC products.

As the industry continues to grow across the United States, Texas may change its stance concerning THC gummies if it happens that recreational marijuana becomes legal. While recreational use of marijuana-derived THC gummies is illegal, there’s always room for change within the Legislation of the state.

Until some time in the future, public opinion might change in Texas, and perhaps lawmakers will at that point introduce new Legislation to allow recreational cannabis, marijuana-derived THC gummies, and all. Until then, residents of the state can enjoy hemp-derived THC gummies, as long as they follow the legal guidelines. Updates on Legislation as of June 23rd, 2025. On June 23rd, 2025, Texas has done little to update the laws it had around THC gummies. Hemp-derived THC gummies remain legal; marijuana-derived THC gummies are for limited medical use. In any case, with discussions still going on in the Texas legislature about legalizing cannabis, the legal landscape is likely to evolve over the coming years. 

So, are THC gummies legal in Texas? Yes—but only when they’re made from hemp and contain no more than 0.3% THC. Gummies sourced from marijuana are still illegal for recreational use, though patients may access them through Texas’ medical marijuana program with a valid prescription. If you’re in Texas and considering trying THC gummies, be sure the product you purchase is within the legal parameters. Stick with well-respected brands like Creating Better Days that offer quality THC Gummies, CBD Gummies, Delta 9 Gummies, and Delta 8 Gummies. Always check the THC content and origin to avoid any legal implications.

Yes, THC gummies containing THC are legal in many states, but the laws vary. Some states have fully legalized recreational cannabis, which includes things like THC gummies. Some states permit cannabis strictly for medical use, so it’s important to review your local regulations before buying THC gummies.

Have questions about “Are THC Gummies Legal in Texas?” Reach out to us at info@creatingbetterdays.com or call 1 (800) 215-0223 for clear guidance. Our Creating Better Days support team is here to help. For more details, explore our blog section and find helpful insights about THC gummies.