cannabis.wine / intel

Texas

Last updated July 7, 2026 AI-drafted — pending review

Texas hemp-derived beverages remain legal under the Farm Bill delta-9 test despite an aggressive state-level policy fight. SB 3 — a full consumable hemp ban — was vetoed by Gov. Abbott on June 22, 2025. Executive Order GA-56 (Sept 2025) routed enforcement through DSHS rulemaking, but the resulting total-THC rule is blocked by a Travis County injunction pending trial. TABC regulates THC-infused beverages under alcohol laws; retailers must register with DSHS, pay $5,000-$10,000 annual fees, and verify 21+ ID at point of sale.

Status
Restrictions
DTC shipping
Yes for Farm Bill-compliant edibles and beverages through DSHS-registered retailers; vapes prohibited statewide
Serving cap
None (0.3% delta-9 THC by dry weight, per HB 1325)
Container cap
None (0.3% delta-9 THC by dry weight, per HB 1325)
Age gate
21+ (EO GA-56 emergency rules; TABC 35 TAC §35.5 for licensed retailers)
License
Required — DSHS Consumable Hemp Product retail registration ($5,000/location/year); manufacturer license ($10,000/facility/year)
Regulator
Texas Department of State Health Services (DSHS) — consumable hemp program; Texas Alcoholic Beverage Commission (TABC) — hemp-infused beverages sold alongside alcohol
Current rule effective
September 1, 2025
Next known change — in 9 days
July 27, 2026 — Texas Hemp Business Council v. DSHS trial (261st Dist. Ct., Judge Lyttle). If DSHS prevails, the total-THC rule reactivates and existing inventory needs revalidation. Federal P.L. 119-37 § 781 cliff follows on Nov 12, 2026.
Federal alignment (P.L. 119-37 § 781)
Actively diverging State policy is actively pushing to restrict hemp (SB 3 attempt, GA-56, DSHS rulemaking), but beverages remain permissive under the existing delta-9 test. Federal Section 781 cliff on Nov 12, 2026 will eliminate compliant products regardless of state litigation outcome.

Retail channels

  • General retail: hemp-derived beverages allowed with DSHS registration
  • TABC-licensed locations: additional 21+ age verification required (35 TAC §35.5)
  • Vapes and e-cigarettes: banned statewide (SB 2024, Sept 2025) — Class A misdemeanor
  • Smokable hemp: in litigation — Travis County injunction (Judge Lyttle, May 1, 2026) blocks the DSHS total-THC rule through at least July 27, 2026

Statutes & bills cited

  • Tex. Health & Safety Code Chapter 443 — Consumable Hemp Products Program
  • Tex. Health & Safety Code §161.0876 — hemp vape/e-cigarette ban (SB 2024, effective Sept 1, 2025)
  • HB 1325 (2019) — original hemp framework, delta-9 0.3% dry-weight standard
  • 25 TAC Chapter 300 — DSHS consumable hemp rules (total-THC rule enjoined May 1, 2026)
  • 35 TAC §35.5 & §35.6 — TABC 21+ age verification (effective Jan 21, 2026)
  • Executive Order GA-56 (Sept 10, 2025) — Abbott directive to DSHS/TABC
  • SB 3 (89R, 2025) — full ban, VETOED June 22, 2025

Texas is in the middle of the country’s most contentious hemp policy fight. Following passage of the 2018 Farm Bill and Texas HB 1325 in 2019, the state built an ~$8 billion hemp industry with 8,000+ permitted retailers and 50,000+ employees. In 2025, Lt. Gov. Dan Patrick made banning hemp-derived THC his top legislative priority. SB 3 — which would have banned all consumable hemp cannabinoids except CBD and CBG — passed both chambers under intense pressure (Senate 26-5, House 87-54). Governor Abbott, citing federal preemption risk and pressure from veterans’ groups (150,000+ petition signatures), vetoed SB 3 on June 22, 2025 and called two special sessions. Both failed. On September 10, 2025, Abbott issued Executive Order GA-56 directing DSHS and TABC to regulate via existing authority — the origin of the 21+ age gate, retailer registration fees, and DSHS’s proposed total-THC rewrite of 25 TAC §300.101. That rewrite took effect March 31, 2026 but was blocked by Travis County Judge Daniella DeSeta Lyttle on May 1, 2026 pending trial in late July 2026. Separately, SB 2024 (Sept 2025, codified at H&S Code §161.0876) banned hemp vapes as a Class A misdemeanor — this ban is independent of the litigation. Hemp-derived beverages remain legal under the Farm Bill delta-9 test at 21+ TABC-supervised retail, but the federal Nov 12, 2026 cliff threatens the entire category regardless of how the state litigation resolves.


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This state summary has not yet been reviewed by counsel. Verify with your attorney before making commercial decisions.

Active bills

Legislation to watch

HB28 — HB28 — Relating to the regulation of consumable hemp products and providing for the transfer of regulatory functions; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty. — · 2025-04-07 SB3 — SB3 — Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and permits; imposing fees; creating criminal offenses; authorizing an administrative penalty. — · 0000-00-00 SB1103 — SB1103 — Relating to prohibiting the distribution or sale of certain flavored consumable hemp products; creating a criminal offense. — · 2025-02-24 HB1797 — HB1797 — Relating to drug testing and prescription drug policies for employees and independent contractors of state agencies and political subdivisions regarding the medical use of low-THC cannabis and hemp. — · 2025-03-14 HB3122 — HB3122 — Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana. — · 2025-03-20 HB1750 — HB1750 — Relating to the processing, manufacture, and sale of hemp products for smoking. — · 2025-03-14 SB2952 — SB2952 — Relating to the regulation of hemp and nonconsumable hemp products; increasing a criminal penalty; increasing a civil penalty and providing other penalties; requiring an occupational license; imposing and authorizing certain fees. — · 2025-03-14 SB1870 — SB1870 — Relating to municipal and county enforcement of drug and consumable hemp product laws; providing civil penalties. — · 2025-05-06 SB2142 — SB2142 — Relating to the creation of the consumable hemp products account in the general revenue fund and imposing fees for licensing manufacturers of consumable hemp products and registering certain retailers of consumable hemp products. — · 2025-03-24 HB2155 — HB2155 — Relating to a prohibition on the sale, transfer, or delivery of consumable hemp products; creating a criminal offense. — · 2025-03-14