Texas hemp law changed twice in 2026, and almost every page you will read about it collapses those two changes into one. They were separate legal instruments, taking effect on separate dates, challenged in separate courts — and they are still moving independently. This page separates them, sets out what the law permits in Texas today, and flags what remains unresolved.

When Texas legalized hemp in 2019 under HB 1325 (Tex. Health & Safety Code ch. 443; Tex. Agric. Code §121.001), a recurring argument followed: if an officer cannot distinguish hemp from marijuana by smell, then smell cannot supply probable cause. Texas appellate courts have considered that argument repeatedly since 2022, and have not adopted it.