General Information - Cannabis And The Law - Guides At Texas State ...

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1. Home
2. Guides
3. Cannabis & the Law

Cannabis & the Law Information on Texas and federal laws on marijuana, hemp, and hemp-derived products like CBD. Search this Guide Search View all pages in this guide

Note The library cannot tell you what the law means for your situation.

General Information

Texas & Federal Cannabis Laws E-Books

Texas & Federal Cannabis Laws

Marijuana is classified as a controlled substance by both federal and Texas law. In December 2025, a federal executive order directed the U.S. Attorney General to reschedule marijuana to Schedule III from Schedule I under the federal Controlled Substances Act. Schedule III substances are deemed to have less potential for abuse than Schedule I substances. Schedule III substances are also less strictly restricted than those in Schedule I.

In addition, a federal law that goes into effect on November 12th, 2026, will affect the legality of many hemp-derived products like edible gummies and THCA.

For more information about specific cannabis products, please see these pages:

• Consumable Hemp Products
• Cannabidiol and Delta-8
• Compassionate-Use Program

Note State and federal law use the spelling "marihuana."

Federal Law

• 21 U.S. Code Section 812 Marijuana is currently classified as a Schedule I controlled substance under the federal Controlled Substances Act. Schedule I substances are defined as those that have "a high potential for abuse," "no currently accepted medical use in treatment in the United States," and "[t]here is a lack of accepted safety for use of the drug or other substance under medical supervision."
• Executive Order on Increasing Medical Marijuana and Cannabidiol Research (EO 14370) Effective December 18, 2025, this executive order issued by the Trump administration directs the U.S. Attorney General to reschedule marijuana to Schedule III under the federal Controlled Substances Act. It also suggests that Congress update the legal definition of hemp to allow for easier access to hemp-derived products containing THC and CBD.
• Section 781 of House Resolution 5371, The Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act of 2026 This section of H.R. 5371 redefines hemp to exclude CHPs that contain intoxicating levels of THC. Starting November 12th, 2026, this definition will replace the one from the 2018 Farm Bill.

Texas Law

• Chapter 481 of the Texas Health and Safety Code The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense. Section 481.142 increases the punishment for these offenses if social media was used to facilitate the delivery of controlled substances.
• Schedules of Controlled Substances As required by the Texas Controlled Substances Act, the Department of Public Safety has published its schedules of controlled substances. In the 2018 schedule, marihuana is listed as a Schedule I hallucinogenic substance.
• Chapter 121 of the Texas Agriculture Code This chapter defines hemp and requires the state to develop a plan to monitor and regulate the production of industrial hemp.
• Chapter 122 of the Texas Agriculture Code This chapter contains statutory requirements on hemp cultivation, including licensure and testing.

Understanding the Law

• Legal Consequences of Rescheduling Marijuana This report by the Congressional Research Service gives a detailed analysis of the legal consequences of rescheduling marijuana from Schedule I to Schedule III.
• What Trump’s reclassification of pot and CBD could mean for seniors, research and stocks This news article explains how reclassifying cannabis to Schedule III could affect medical research and the cannabis industry.
• What to know about Trump’s order seeking to relax federal drug policies for marijuana This news article summarizes current federal policy, proposed policy changes, and changing public opinion on marijuana.

E-Books

Texas residents can access e-books with a free library account.

• Marijuana law in a nutshell An overview of marijuana law in the United States including: public policy, legal history, constitutional law, criminal law, and legal issues that concern marijuana-related businesses.
• Cannabis law : a primer on federal and state law regarding marijuana, hemp, and CBD This primer from the American Bar Association looks at how changes in state and federal laws have shaped the cannabis industry over the last several decades. Chapters review tax, finance, and insurance issues for cannabis businesses, recent cannabis litigation, and regulation of cannabis products, among other subjects.

Note The library cannot tell you what the law means for your situation.

• Next: State vs. Federal Law >>

• Last Updated: Feb 9, 2026 8:54 AM
• URL: https://guides.sll.texas.gov/cannabis
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Librarian Login Report a problem Subjects: Criminal Law, Health & Medicine Tags: cannabidiol, cannabinoid, cannabis, cbd, consumable hemp product, controlled substances, delta 8, delta-8, delta8, hemp, industrial hemp, marihuana, marijuana, medical marijuana