In Texas State, the legal landscape of cannabis-derived products is a patchwork of complex regulation and surprising availability. Despite marijuana's illegal status in Texas since 1931, a loophole exists on store shelves thanks to federal and state legislation regarding hemp. According to FOX 7 Austin, House Bill 1325, passed by Texas in 2019 following the federal legalization of hemp, permits the sale of THC products derived from hemp with less than 0.3 percent concentration of THC.

Legally marketed as hemp under federal law since 2018, these products and other delta-9 THC items can be legally sold in Texas under the same low-THC criteria. A court ruling in May 2021 determined delta-8 as legal when it is derived from hemp, as per a FOX 4 News report. Meanwhile, CBD, known for its non-intoxicating effects, stands distinct as it does not contain THC.

However, the narrative of accessibility to THC products is not without contention. Texas Lieutenant Governor Dan Patrick has been vocal about the hazards posed by these readily available substances. "Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible," Patrick said, in a statement obtained by FOX 4 News. As the Texas Legislature embarks on its new session on January 14, it's anticipated that Senate Bill 3, which would instigate such a ban, will be a focal point of discussion.

The medical use of cannabis, in contrast, enjoys legal status within the state under restrictive conditions. The Texas Compassionate Use Program permits physicians to prescribe low-THC cannabis for a list of approved conditions such as epilepsy, MS, autism, cancer, and post-traumatic stress disorder, FOX 4 News noted.