Data updated: August 23, 2026
Flavor Ban Status
noneDelta-8 / Hemp Status
bannedBanned beyond naturally occurring trace amounts. The DSHS Schedule I THC definition effective July 31, 2026 controls all THC other than up to 0.3% delta-9 in hemp — only naturally occurring trace delta-8 is exempt, a level no commercial product meets. The Texas Supreme Court reversed the temporary injunction that had protected delta-8 sales and upheld the commissioner’s authority to schedule manufactured delta-8 (Tex. DSHS v. Sky Marketing Corp., No. 23-0887 (Tex. 2026)). Enforcement is active: DSHS detains delta-8-labeled products and refers them to law enforcement. Separately, cannabinoid vapes have been prohibited under HSC §161.0876 since September 2025, and the Total THC Rule (effective March 31, 2026) bans smokable hemp and THCA flower.
Kratom Status
18+ regulatedRegulated under the Texas Kratom Consumer Health and Safety Protection Act (Tex. Health & Safety Code Ch. 445): labeling required, no adulterated products, 7-hydroxymitragynine capped at 2 percent of alkaloid content, no synthetic alkaloids, and no sales to anyone under 18.
License Required
YesTexas Comptroller of Public Accounts
PMTA Directory Required
NoMinimum Purchase Age
21+
Rates & Licensing
Texas Comptroller of Public AccountsOfficial source for current tax rates and license requirements.