Texas permits hemp Delta-9 THC beverages at ≤0.3% Delta-9 under Tex. Health & Safety Code Ch. 443 and 25 Tex. Admin. Code § 300.302. No state-specific milligram cap applies to beverages. SB 3 (2025), which would have banned all intoxicating cannabinoids, was vetoed by Governor Abbott on June 22, 2025. Two special legislative sessions failed to enact replacement legislation. Executive Order GA-56 (Sept 10, 2025) directed DSHS, TABC, and DPS to implement interim hemp product regulations including age 21+ for certain products. The Texas legislature meets in odd years and is not currently in session. UPDATE (August 3, 2026): The Texas Supreme Court ruled May 1, 2026 in DSHS v. Sky Marketing Corp. that DSHS has broad statutory authority to regulate hemp-derived cannabinoids, including reinstating 2021 controlled-substance definitions for non-Delta-9 THC isomers (Delta-8, Delta-10, THC-P, etc.) — that reinstatement took effect as scheduled on July 31, 2026 and does not apply to compliant Delta-9 products. Separately, DSHS's Total-THC standard and steep fee increases (retail registration $150→$5,000/location; manufacturer license $250→$10,000/facility) under 25 Tex. Admin. Code Ch. 300 were briefly enjoined by a Travis County District Court, but the 15th Court of Appeals dissolved that injunction on June 5, 2026, so the rule has technically been in effect since then, though industry sources describe DSHS enforcement as still unclear. CORRECTION (August 17, 2026): The July 27, 2026 Travis County trial on the underlying merits did NOT proceed as previously reported here — the case remains automatically stayed pending the State's interlocutory appeal of the May 1, 2026 temporary injunction ruling to the Fifteenth Court of Appeals (appeal filed May 5, 2026). No merits trial has occurred and none is currently scheduled; DSHS's Total-THC standard and fee increases remain in effect per the appellate court's June 5, 2026 dissolution of the injunction, independent of the stayed merits case. Finished Delta-9 beverages ≤0.3% dry weight remain the compliant, sellable category regardless of this dispute, which targets smokeable/THCA products and manufacturer/retailer registration; DTC shipment of compliant beverages into Texas has not been directly addressed by DSHS and remains an open question. UPDATE (August 10, 2026): A separate federal lawsuit — Monti et al. v. Garcia et al., filed July 31, 2026 in the U.S. District Court for the Southern District of Texas by a retired-officer hemp retailer, out-of-state manufacturer Lifted Liquids, and Austin retailer The Happy Cactus Apothecary — challenges the Delta-8/Delta-10/THC-P reinstatement on 2018 Farm Bill preemption, dormant Commerce Clause, and vagueness grounds, naming DSHS Interim Commissioner Imelda Garcia, AG Ken Paxton, and Galveston County officials as defendants. Plaintiffs have asked for a TRO and preliminary injunction; no ruling on that motion has been reported as of this update. This case, like the Travis County merits trial, does not target compliant ≤0.3% Delta-9 beverages. This remains an active-litigation watch item. UPDATE (August 13, 2026): On August 9, 2026, U.S. District Judge Jeffrey V. Brown (S.D. Tex., Galveston Division) denied plaintiffs' motion for a temporary restraining order in Monti v. Garcia, finding they had not shown sufficient irreparable harm to justify emergency relief on their Farm Bill preemption and Commerce Clause claims. The request for a preliminary injunction remains pending, with no hearing date yet reported. Like the rest of this litigation, this ruling does not affect compliant ≤0.3% Delta-9 beverages, which remain sellable.
Permitted
Texas — at a glance
Cannabinoid Status
THC cap: 0.3% Delta-9 dry weight
Statute / Reg: Tex. Health & Safety Code Ch. 443; 25 Tex. Admin. Code § 300.302; Exec. Order GA-56; DSHS v. Sky Marketing Corp. (Tex. 2026); 25 Tex. Admin. Code Ch. 300 (in effect since 6/5/26 per 15th Court of Appeals mandate; merits trial has NOT occurred, case stayed pending 15th Court of Appeals interlocutory appeal filed 5/5/26); Monti et al. v. Garcia et al. (S.D. Tex., filed 7/31/26; TRO denied 8/9/26 by Judge Jeffrey V. Brown; PI motion pending)
Age: EO GA-56: 21+ for certain products
Shipping: Permitted
Tex. Health & Safety Code Ch. 443; 25 Tex. Admin. Code § 300.302; Exec. Order GA-56; DSHS v. Sky Marketing Corp. (Tex. 2026); 25 Tex. Admin. Code Ch. 300 (in effect since 6/5/26 per 15th Court of Appeals mandate; merits trial has NOT occurred, case stayed pending 15th Court of Appeals interlocutory appeal filed 5/5/26); Monti et al. v. Garcia et al. (S.D. Tex., filed 7/31/26; TRO denied 8/9/26 by Judge Jeffrey V. Brown; PI motion pending) · View statute →
Texas permits hemp-derived Delta-9 THC beverages, subject to the state's framework on milligram caps, retail channels, and shipping. The summary above lays out the headline rules; the sections below explain how the framework actually works for a buyer or seller.
How to Buy Delta-9 Hemp Beverages in Texas
Consumers in Texas may purchase Delta-9 hemp beverages from the channels described above.
Floral Beverages ships Delta-9 hemp beverages directly to Texas consumers from our family farm in Hartford City, Indiana. Orders are processed Monday–Friday and ship under standard hemp-product carriers, subject to state age verification.
Synthetic Cannabinoids and Delta-8 in Texas
Texas's explicit hemp framework typically distinguishes naturally-occurring Delta-9 (permitted) from synthetic or chemically-converted cannabinoids (often restricted or prohibited). Check the controlling statute above for the state's specific treatment of Delta-8, Delta-10, HHC, THC-O, and THC-P.
The Federal Section 781 Sunset
Federal law is changing on . The FY2026 Agriculture Appropriations Act amends the federal hemp definition (7 U.S.C. § 1639o) to measure Total THC across all isomers and cap finished consumable hemp products at 0.4 mg total THC per container. Synthetic cannabinoids will not be permitted under the new federal hemp definition. The federal sunset applies nationwide; Texas will be affected like every other state.
Sources and Authority
Controlling statute: Tex. Health & Safety Code Ch. 443; 25 Tex. Admin. Code § 300.302; Exec. Order GA-56; DSHS v. Sky Marketing Corp. (Tex. 2026); 25 Tex. Admin. Code Ch. 300 (in effect since 6/5/26 per 15th Court of Appeals mandate; merits trial has NOT occurred, case stayed pending 15th Court of Appeals interlocutory appeal filed 5/5/26); Monti et al. v. Garcia et al. (S.D. Tex., filed 7/31/26; TRO denied 8/9/26 by Judge Jeffrey V. Brown; PI motion pending).A copy of the statute is available at https://www.dshs.texas.gov/consumable-hemp-program.Floral Beverages reviews this page on a quarterly cadence and does its best to emergency-review within 72 hours of any state or federal action that materially affects the analysis. Last reviewed: .
Frequently Asked Questions
Are Delta-9 THC hemp beverages legal in Texas?
Yes. Texas permits hemp-derived Delta-9 THC beverages subject to the framework summarized in the at-a-glance card above. The statute is Tex. Health & Safety Code Ch. 443; 25 Tex. Admin. Code § 300.302; Exec. Order GA-56; DSHS v. Sky Marketing Corp. (Tex. 2026); 25 Tex. Admin. Code Ch. 300 (in effect since 6/5/26 per 15th Court of Appeals mandate; merits trial has NOT occurred, case stayed pending 15th Court of Appeals interlocutory appeal filed 5/5/26); Monti et al. v. Garcia et al. (S.D. Tex., filed 7/31/26; TRO denied 8/9/26 by Judge Jeffrey V. Brown; PI motion pending).
What's the THC cap in Texas?
The applicable cap is: 0.3% Delta-9 dry weight. This reflects the state's most current statutory or regulatory limit on Delta-9 THC content.
Can Floral ship Delta-9 hemp beverages to Texas?
Yes. Floral ships compliant Delta-9 hemp beverages directly to consumers in Texas. Age verification at checkout and signature on delivery may apply.
How old do I have to be to buy hemp Delta-9 beverages in Texas?
Age restriction: EO GA-56: 21+ for certain products. Statutes commonly require 21+ for any product containing THC, but each state framework differs.
What changes on November 12, 2026?
The federal Section 781 sunset takes effect that day. The federal definition of hemp will measure Total THC across all isomers and cap finished consumable hemp products at 0.4 mg total THC per container. Synthetic cannabinoids will no longer be lawful hemp. This applies nationwide.
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Crafted in Indiana.Farm-to-Fridge.
The hemp in Floral's cans is grown on our family farm in Indiana. We use natural chromatographic separation — no synthetic conversion, no sketchy chemistry — so what ends up in the can is what consumers expect.
This page is published by Floral Beverages, LLC for general educational purposes. It is not legal advice and does not create an attorney-client relationship. State and federal cannabinoid laws change rapidly, including pending changes under the 2018 Farm Bill extension and Section 781 (effective Nov 12, 2026). No information here should be relied upon for any business, personal, or legal decision. Consult a licensed attorney in your jurisdiction for advice on your specific situation.
Floral Beverages, LLC and its affiliates disclaim all liability for reliance on this content. Statutory citations reflect publicly available sources as of the "Last Reviewed" date on each state card and may be incomplete or superseded. This page does not analyze any reader's product, business, or conduct.
Authored by the Floral Beverages Legal Research Team · Floral Beverages, LLC d/b/a Floral · 4861 S. 600 E., Bldg A, Gas City, IN 46933
