No. Products from cannabis plants fall within three categories – unregulated and legal, legal but regulated, and illegal. First, products with non-detectable THC (e.g. THC-Free, Non-Detect Distillate, hemp seeds, hemp hearts) are legal and do not require a TABC license. Second, products with a concentration of less than or equal to 0.3% total THC are legal as long as they meet all other legal requirements but are subject to licensure and regulation. Finally, products with a concentration of more than 0.3% total THC are illegal.
There are differences between Public Chapter 423, enacted 2023, under which legacy department of agriculture licenses are regulated until June 30, 2026 and Public Chapter 526, enacted 2025, under which TABC licensed business are regulated. Legacy licensees remain subject to Public Chapter 423, enacted 2023, until their Department of Agriculture license expires. TABC licensees are subject to Public Chapter 526, enacted 2025, which defines total THC as (THCA x 0.877) + Δ9-THC; and prohibits products containing THCp or synthetic cannabinoids in any amount.
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