Understanding the New Texas THC Ban and Criminal Penalties

 Posted on August 15, 2026 in Drug Crimes

Texas has some of the toughest marijuana laws in the country, and recent legal changes have made many hemp-derived THC products illegal. If you’ve bought Delta-8 gummies, THCA flower, or other hemp products in the past, it’s important to understand what has changed and what the law now says.

At The Dameron Law Firm, our Tarrant County drug crimes defense attorney, Craig Dameron, helps Texans protect their rights when facing criminal charges. Here’s what you need to know in plain English.

What Is THC?

THC (tetrahydrocannabinol) is the chemical in cannabis that causes the "high" associated with marijuana. There are several different forms of THC, some naturally occurring and others created from hemp-derived CBD.

Recent changes in Texas law prohibit most intoxicating THC products, regardless of whether they were previously sold legally in vape shops or convenience stores. The primary exception is hemp-derived Delta-9 THC products containing less than 0.3 percent THC by dry weight, which remain lawful under state and federal hemp laws.  

What Are the Different Types of THC Products?

Delta-8 THC

Delta-8 THC is a form of THC that produces intoxicating effects similar to marijuana but is generally considered less potent. It is commonly found in gummies, vape cartridges, and edibles.

Under current Texas law, Delta-8 products are no longer legal to possess or sell.  

Delta-10 THC

Delta-10 THC is another intoxicating cannabinoid that produces a milder high than traditional marijuana.

Like Delta-8, Delta-10 is now prohibited in Texas.  

THCP

THCP is a newer cannabinoid that may be significantly more potent than traditional THC because it binds more strongly to receptors in the brain.

Texas law now treats THCP like other prohibited THC products.  

THCA Flower

THCA is the natural acidic form of THC found in raw cannabis plants. By itself, THCA is not intoxicating. However, when heated by smoking, vaping, or cooking, THCA converts into Delta-9 THC.

Because of this conversion, THCA flower is now prohibited under Texas law.  

Delta-9 THC (Delta-9 tetrahydrocannabinol) 

The primary psychoactive chemical found naturally in the cannabis plant. It is the compound most people are referring to when they say "THC" or "marijuana."

Is Any THC Still Legal in Texas?

THC is only legal in Texas in very limited circumstances. Texas continues to recognize hemp-derived Delta-9 THC products containing less than 0.3 percent THC by dry weight as legal. This exception applies only if the product otherwise complies with state and federal hemp laws. People should be cautious because products labeled "hemp" or sold openly in stores are not automatically legal.

Texas Marijuana Possession Penalties

Traditional marijuana remains illegal in Texas except for limited medical use under the Compassionate Use Program. The punishment depends on how much marijuana is involved.

Marijuana Flower

Penalties for marijuana flower include: 

• Two ounces or less: Class B misdemeanor — up to 180 days in jail and up to a $2,000 fine.
• More than two ounces but less than four ounces: Class A misdemeanor — up to one year in jail and up to a $4,000 fine.
• More than four ounces but less than five pounds: State jail felony — 180 days to two years in a state jail and up to a $10,000 fine.
• Five pounds to 50 pounds: Third-degree felony — Two to 10 years in prison and up to a $10,000 fine.
• 50 pounds to 2,000 pounds: Second-degree felony — Two to 20 years in prison and up to a $10,000 fine.
• More than 2,000 pounds: First-degree felony — Five to 99 years or life in prison and up to a $50,000 fine.

Many people are surprised to learn that THC concentrates are treated much more harshly than marijuana flower.

THC Concentrates, Gummies, Vape Pens, and Edibles

The following products may be prosecuted as possession of a Penalty Group 2 controlled substance under Texas Health and Safety Code Sec. 481.103:

• THC vape cartridges
• Wax
• Dabs
• Gummies
• THC drinks
• Oils
• Delta-8 products
• Delta-10 products
• THCP
• THCA concentrates

Punishments include:

• Less than 1 gram: State jail felony – 180 days to two years and up to a $10,000 fine.
• 1 to less than 4 grams: Third-degree felony – Two to 10 years.
• 4 to less than 400 grams: Second-degree felony – Two to 20 years.
• 400 grams or more: First-degree felony (5 to 99 years or life and up to a $50,000 fine).

Because concentrates are measured by total product weight, even a small vape cartridge or package of gummies may result in felony charges.

Contact a Tarrant County Criminal Defense Lawyer

Drug charges can have lasting consequences for your job, professional license, education, and future opportunities. Whether your case involves marijuana, Delta-8, THCA flower, vape cartridges, or other THC products, experienced legal representation matters.

At The Dameron Law Firm, we fight to protect the rights of people accused of drug crimes throughout Texas. If you or a loved one has been arrested, contact our Fort Worth, TX criminal defense attorney today at 817-222-0624 for a confidential consultation to discuss your options before making any statements to law enforcement.