Texas
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.
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.