Is it legal to possess smokable hemp flower or THCA concentrate in Texas? Or is it a...
12 posts from a reporting thread.
Read original at XIs it legal to possess smokable hemp flower or THCA concentrate in Texas? Or is it a felony?
Kind of an important question considering they were sold legally as recently as June.
DSHS wrote the rule. But they said ask law enforcement, so I did. 🧵 https://t.co/D8jK9cwZ5U
I reached out to more than a dozen law enforcement agencies.
Austin police gave the clearest answer, saying, "department policy dictates that the substance is not seized and no further enforcement action is taken." https://t.co/rrn7BUGzNA
Right next door to Austin, Round Rock police wouldn't answer, but told me to look at this Texas State Law Library website: Which linked a defense lawyers blog post saying THCA is a felony to possess: https://t.co/BDb6cnlmHH
versustexas.com/blog/delta-8-9…
Texas THC Law 2026: Is Delta 8 Legal? | Updated Aug. 2026
As of July 31, 2026 delta-8, delta-10, THCP and THCA are controlled substances in Texas. What is still legal, what is not, and the criminal penalties.
The Travis County Sheriff's Office didn't answer directly, saying "search, seizure and arrest associated with illegal substances is up to the discretion of the deputy." https://t.co/EnAyOerqCi
The Hays County Sheriff's Office says THCA "will not be legal" but, "Anything labeled as hemp or Delta-9 THC 0.3% will be considered legal." https://t.co/OihsLzknWl
The Kyle Police Department didn't answer directly, but said smokable hemp products would be "evaluated on the totality of the circumstances." https://t.co/7BHjV0V9CT
The Dallas Police Department at first didn't answer directly.
In response to my follow up question, DPD pointed to the administrative rule governing sales of hemp products, but then added "this does not state it's automatically illegal." https://t.co/RDAQOo3Jrm
Fort Worth police said it's legal to possess hemp products under 0.3% Delta-9 THC.
The Texas Department of Public Safety said whether THCA is legal is up for the courts to decide.
The El Paso, San Antonio, Houston and San Marcos police departments didn't respond. Same for sheriff's offices in Williamson and Caldwell counties.
Lots more context in the story. You can read and listen here:
Tired of reading? You can listen to the audio version of the story here. Runs about eight minutes.