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Are THC Drinks Legal in Texas? (2026)

Restricted

As of November 12, 2026, hemp-derived delta-9 THC drinks are legal to sell at retail with restrictions in Texas. Hemp retail path requires THCA-counting testing and registration. Limit on file: 3000 ppm total delta-9 THC dry weight.

Verified November 12, 2026 · confidence: confirmed

Are THC drinks legal? Every state

Tier
concentration cap
Limit
3000 ppm total delta-9 THC dry weight (ppm dry weight)

Controlling language, verbatim

(b) Before a consumable hemp product, including hemp-derived ingredients used for further processing into another consumable hemp product, is sold at retail, distributed, or otherwise introduced into commerce in this state, a representative sample must be tested to determine: (1) the presence, concentration, and identity of cannabinoids; (2) the presence and concentration of d-9 THC, total d-9 THC, and total THC; (3) the presence and quantity of residual solvents, heavy metals, pesticides, and harmful pathogens; and (4) the total delta-9 tetrahydrocannabinol concentration is 0.3% or less on a dry weight basis.

Source of excerpt

Citations

  1. 25 TAC Sec. 300.301 (Official Texas publisher, 2026-11-02) PRIMARYOFFICIAL
  2. Consumable Hemp Program (Texas Department of State Health Services, 2026-07-18)OFFICIAL
  3. Tex. Health & Safety Code Ch. 443, Subch. E (Regulation of Certain Cannabinoid Oils) -- Sec. 443.202, 443.204 (Texas Legislative Council (official statute file served to statutes.capitol.texas.gov), 2026-10-29)OFFICIAL
  4. Tex. Health & Safety Code Sec. 161.0876 (Prohibited E-Cigarette Products) (Texas Legislative Council (official statute file served to statutes.capitol.texas.gov), 2026-10-29)OFFICIAL
  5. S.B. No. 2024, 89th Legislature Regular Session (enrolled) (Texas Legislature Online, 2026-07-18)OFFICIAL
  6. Houston Public Media: Texas rule targeting smokable hemp is back in effect, but enforcement is unclear (Houston Public Media, 2026-06-10)COURT_RULING
  7. Texas DSHS v. Crown Distributing LLC, No. 21-1045, judgment (Tex. June 24, 2022) (Official Texas publisher, 2026-11-02)OFFICIAL
  8. Texas Health and Safety Code Sec. 481.002 (Official Texas publisher, 2026-11-02)OFFICIAL
  9. Texas DSHS v. Texas Hemp Business Council, No. 15-26-00099-CV, emergency relief order (Tex. App. June 5, 2026) (Official Texas publisher, 2026-11-02)OFFICIAL

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

LegalRestrictedGray areaIllegalNot yet verified

Neighboring states

Cite this page

Compound Analytics. "Are THC Drinks Legal in Texas? (2026)." Compound Laws, https://compoundlaws.com/thc-drinks/texas/. Accessed November 13, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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