Texas
Texas has sharply narrowed its intoxicating hemp market through agency action and litigation rather than statute. SB 3 (a full consumable-hemp ban) was vetoed by Gov. Abbott on June 22, 2025, and the 2025 special sessions (SB 5/SB 6) adjourned without passing a ban. But on May 1, 2026 the Texas Supreme Court upheld DSHS's authority to schedule non-delta-9 cannabinoids (Sky Marketing Corp. v. DSHS); DSHS reinstated the 2021 controlled-substance definitions via the Texas Register (July 10, 2026) and began enforcement July 31, 2026 — delta-8, delta-10, and THC-P are now Schedule I, removing a large share of products from shelves. Hemp-derived delta-9 beverages, edibles, tinctures, and topicals at or below 0.3% delta-9 by dry weight remain legal through DSHS-registered retailers; vapes are banned (SB 2024, Sept 2025) and Texas-made smokable hemp has been barred since 2022 (Crown Distributing). A separate DSHS 'total-THC' testing rule (25 TAC Ch. 300) that would sweep in THCA — along with higher $5,000/$10,000 registration fees — remains blocked by a Travis County temporary injunction in Texas Hemp Business Council v. DSHS (trial vacated; case on appeal). TABC regulates THC-infused beverages under alcohol laws; DSHS retailer/manufacturer registration and 21+ ID verification are required.
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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Sources
This state summary has not yet been reviewed by counsel. Verify with your attorney before making commercial decisions.