If you have walked into CBD Southlake recently, or if you have been following hemp news in Texas, you are probably aware that things have changed significantly since the start of 2026. Product categories that were widely available just months ago have been restricted, new rules have taken effect, and a major court case is actively unfolding that could determine the shape of the industry for the foreseeable future.
The most common question we are hearing from customers right now is a straightforward one: what can I actually still buy?
This guide gives you a clear, honest, up-to-date answer — product by product — based on the current legal landscape in Texas as of April 2026. We will also explain what is being contested in court right now and what it could mean for customers in the coming weeks.
The Background: How Texas Hemp Law Got Here
Texas first legalised hemp in 2019, following changes introduced by the federal 2018 Farm Bill. State law defined hemp as any cannabis plant containing less than 0.3% delta-9 THC, which opened the door to a wide range of CBD and hemp-derived products being sold legally across the state.
Over the following years, the hemp market in Texas grew into a $5.5 billion industry, with more than 13,000 registered retail locations selling hemp products. However, as the product range expanded to include high-potency items like THCA flower and synthetic cannabinoids, state officials began pushing for stricter controls.
Governor Greg Abbott issued Executive Order GA-56, directing state agencies — specifically the Texas Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission (TABC) — to tighten regulation of the hemp market using existing authority, after the Texas legislature was unable to reach agreement on hemp reform during two consecutive special sessions.
What followed has been a series of rolling regulatory changes that have left many customers genuinely confused about what is and is not legal. Here is the full picture as it stands today.
What Changed: The Key Dates You Need to Know
September 1, 2025 — Vape and E-Cigarette Ban
Senate Bill 2024 made it illegal to sell any vape pen or e-cigarette product containing cannabinoids — including CBD — effective September 2025. This applies to THC vapes, THCA disposables, Delta 8 vapes, and any cannabis-derived product in e-cigarette format. This was a direct act of the Texas legislature, not a regulatory rule, which means it is not subject to the same legal challenges as subsequent changes. It is fully in effect and is not being contested in court.
October 2025 — Minimum Age Raised to 21
DSHS adopted emergency rules requiring all consumable hemp retailers to verify the age of every customer and prohibit sales to anyone under 21. This applies across all hemp product categories that remain legal. Every customer must present a valid government-issued photo ID at the point of purchase, regardless of what they are buying.
March 31, 2026 — DSHS Smokable Hemp Rule
DSHS adopted a new rule defining acceptable hemp THC levels as 0.3% or less of delta-9 THC and THCA combined on a dry weight basis. Because natural hemp flower can contain 20 to 35% THCA, this new total THC calculation made virtually all smokable hemp products — THCA flower, pre-rolls, and concentrates — non-compliant and effectively banned from retail sale.
April 8, 2026 — Court Temporarily Blocks the Smokable Ban
A Travis County district judge granted a temporary restraining order, allowing smokable hemp products to be sold again while the legal challenge plays out in court. The hemp industry argued that the DSHS exceeded its constitutional authority by rewriting the definition of hemp without going through the legislative process.
April 23–28, 2026 — Court Hearing Postponed
A hearing to decide the future of smokeable hemp products in Texas was delayed. The temporary restraining order remains in effect for now, with the hearing rescheduled to at least April 28. CBD Living As of the date this article was published — April 25, 2026 — smokable hemp products remain temporarily available at licensed retailers while the restraining order holds.
Side-By-Side Comparison
Here is a clear breakdown of every major product category and its current legal status for customers in Southlake, Texas:
CBD Oils and Tinctures — Fully Legal
Non-smokable hemp products like CBD oils and tinctures are still legal for adults 21 and over at licensed retailers, as long as they meet the 0.3% total THC limit. CBD tinctures have never been part of the smokable product category and are entirely unaffected by all regulatory changes to date. Our full range of CBD tinctures remains available in store and online.
CBD Gummies and Edibles — Fully Legal
Hemp-derived CBD gummies and edibles are completely unaffected by the March 2026 DSHS rule, which targeted smokable products only. The DSHS rule introduced a total THC calculation specifically for smokable products — compliant gummies contain measured delta-9 THC in its final form, not THCA, so the formula that ended THCA flower does not change their legal status. Our CBD gummies and CBD edibles remain fully available.
CBD Capsules and Softgels — Fully Legal
CBD capsules are ingestible products and fall entirely outside the smokable product category. They are unaffected by any of the 2025 or 2026 regulatory changes in Texas. Customers can purchase CBD capsules with confidence as one of the most stable, compliance-safe product formats currently available.
CBD Topicals and Creams — Fully Legal
Topical CBD products — creams, balms, roll-ons — are applied to the skin and are not consumable hemp products in the regulatory sense. They are completely unaffected by all current Texas hemp rules and represent one of the most straightforwardly legal categories in the entire hemp market.
Delta 9 Hemp Gummies and Edibles — Currently Legal
Delta 9 THC gummies and all hemp-derived edibles remain fully legal in Texas as of April 2026. Senate Bill 3, which would have banned all hemp-derived THC products, was vetoed by Governor Greg Abbott. Edible Delta 9 products formulated to contain less than 0.3% delta-9 THC by dry weight remain compliant under both state and federal hemp definitions — and the DSHS smokable rule does not touch edible formats. For more context on Delta 9 products specifically, our post on Delta 8 vs Delta 9 covers how these cannabinoids differ and what the current rules mean for each.
Delta 8 Gummies and Edibles — Currently Legal
Delta 8 in edible format is not a smokable product and is not affected by the DSHS March 2026 rule. Edible Delta 8 products that meet total THC compliance standards remain available at licensed retailers. Customers should be aware, however, of the broader federal situation discussed at the end of this guide.
THC Vapes and E-Cigarettes — Banned
All vape pens and e-cigarettes containing any cannabinoid — including CBD — are banned in Texas under Senate Bill 2024, which took effect in September 2025. This is a legislative ban, not a regulatory rule, and is not being challenged in court. It is permanent under current Texas law.
THCA Flower and Smokable Hemp — Currently Under Court Order
This is the most complicated category right now. THCA flower, pre-rolled joints, and smokable concentrates were banned under the DSHS March 31 rule. However, a Travis County judge issued a temporary restraining order blocking that ban. As of April 23, the hearing on whether the ban should continue to be blocked has been postponed to at least April 28, with the potential to continue through April 30.
This means smokable products are technically available at some licensed retailers right now — but the situation could change within days depending on the court’s ruling. We recommend calling ahead to confirm availability and checking back here for updates.
What About the Federal Ban Coming in November 2026?
Separate from Texas state law, a federal spending bill signed in November 2025 narrowed the definition of hemp in a way that will, when it takes effect in November 2026, prohibit most intoxicating hemp products — including the majority of edible Delta 8 and Delta 9 THC products currently on the market.
This federal change does not affect what you can buy today. But it is a relevant consideration for customers who rely on these products and want to plan ahead. Industry groups are actively lobbying for amendments before the November deadline. We will continue to update our customers as the situation develops.
For a full breakdown of how the federal change could affect the Texas market, our earlier post on the Texas Hemp Law Update remains a useful reference alongside this guide.
What This Means for CBD Southlake Customers
At CBD Southlake, we have been monitoring every regulatory change closely and adjusting our product range to reflect what is legally available at each point in time. Here is our straightforward commitment to you:
Every product on our shelves is third-party lab tested and compliant with applicable Texas and federal hemp law at the time of sale. We do not sell non-compliant products. We update our inventory as regulations change. And we are always available to answer questions about the current status of any product category — in store, by phone, or by email.
We also recommend that customers who want to understand which products are most stable long-term focus on CBD-only options. Non-smokable hemp products like CBD oils, gummies, capsules, and topicals are the most legally stable format across both current Texas law and the incoming federal framework. These products are unaffected by current state regulatory changes and will be the furthest from the federal November 2026 threshold.
Explore our CBD tinctures, CBD gummies, CBD edibles, and CBD topicals — all fully legal, fully tested, and available today.
Frequently Asked Questions
Yes. CBD gummies and all hemp-derived edibles are fully legal in Texas for adults aged 21 and over with a valid photo ID. The March 2026 DSHS rule changes only targeted smokable hemp products — gummies, oils, capsules, and topicals are entirely unaffected and remain available at licensed retailers like CBD Southlake.
As of April 25, 2026, the answer is complicated. THCA flower was banned under a DSHS rule that took effect March 31, 2026. However, a Travis County judge issued a temporary restraining order blocking that ban while a legal challenge plays out in court. A key hearing is scheduled for April 28–30. Smokable hemp products may be temporarily available at some retailers, but the situation could change at any time based on the court’s decision. We recommend calling ahead before making a trip specifically for these products.
The most legally stable hemp products in Texas right now — and looking ahead to the federal November 2026 deadline — are non-smokable, non-THC products: CBD oils, CBD gummies, CBD capsules, and CBD topicals. These formats are unaffected by every regulatory change made to date at the Texas state level, and they fall well within the incoming federal hemp framework. If you want certainty about what you are buying, these categories represent the lowest regulatory risk of any hemp product currently available.