Note The library cannot tell you what the law means for your situation.
Cannabidiol (CBD) is a substance derived from the cannabis plant. It does not alter the mind or cause a "high" unlike the mind-impairing compound tetrahydrocannabinol (THC). These and other similar substances found in the cannabis plant are known as cannabinoids.
Hemp is defined in Section 121.001 of the Texas Agriculture Code:
the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Products containing CBD are included in the broader category of "consumable hemp products."
A consumable hemp product (CHP) includes food, drugs, devices, and cosmetics with hemp. It can include CBD gummies, lotions and oils, or other food or drink products that contain CBD or other hemp products.
CHP is defined in 25 TAC Rule 300.101:
Any product processed or manufactured for consumption that contains hemp, including food, a drug, a device, and a cosmetic, as those terms are defined by Texas Health and Safety Code, §431.002, but does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient being used in a manner that has been generally recognized as safe (GRAS) by the FDA.
CHPs with less than 0.3% Delta-9 tetrahydrocannabinol THC are permitted under Chapter 443 of the Texas Health & Safety Code.
Manufacturers, sellers, and distributors of CHPs are required to register or obtain a license from the Texas Department of State Health & Human Services in order to operate in Texas.
Delta-8 tetrahydrocannabinol (also called Delta-8 THC or Delta-8) is a substance derived from the cannabis plant. It is similar to Delta-9 tetrahydrocannabinol (THC), the psychoactive compound in marijuana.
Delta-8 is typically made from CBD derived from low-THC hemp.
It's unclear. Delta-8 was initially classified as a Schedule I controlled substance by the Texas Department of Health & Human Services. These substances have a "high potential for abuse" and "no accepted medical use" according to Section 481.035 of the Texas Health & Safety Code.
However, a temporary injunction removed Delta-8 from the list of controlled substances while the case proceeds. This lawsuit is currently pending at the Texas Supreme Court.
Delta-8 may be viewed differently at the federal level. In August of 2020, the federal Drug Enforcement Agency updated its scheduling regulations to remove hemp from the list of controlled substances, provided it has less than 0.3% Delta-9 tetrahydrocannabinol THC by dry weight.
The DEA made the changes in order to adhere to the Agriculture Improvement Act of 2018 (also called the 2018 Farm Bill). These changes may make other types of tetrahydrocannabinols (THC) like Delta-8 legal under federal law.
Note The library cannot tell you what the law means for your situation.