Hemp is No Longer a Controlled Substance in Texas

Last Updated on January 25, 2023

Last Friday, April 5, the Texas Department of State Health Services removed hemp from its list of controlled substances.¹ In Texas, it is no longer a Schedule I drug alongside others like heroin, cocaine, and LSD. With the passing of the 2018 Farm Bill, the federal government also removed hemp from its list of controlled substances, although it is still a heavily regulated substance.^2,3

Although this is a progressive step among hemp and marijuana consumers and advocates, it is likely to cause even more confusion about the legality of hemp products sold in Texas, like certain oils and creams that are intended for pain relief.

Although Texas no longer classifies hemp as a Schedule I drug, the declassification doesn’t make hemp legal, according to an Austin cannabis law attorney cited in a recent news report by the Washington Post.⁴ She says there still needs to be a legislative change for criminal penalties.

Additionally, under current Texas law, the state only permits hemp-based CBD products without THC. This is an important specification for consumers and businesses selling CBD products in Texas, such as the first CBD oil store that recently opened in Houston back in September of 2018, called Houston’s Original American Shaman.⁵

Although hemp has been removed from the Texas list of controlled substances, marijuana is still federally classified as a Schedule I substance and has the potential to cause problematic habitual use.