HEMP LEGAL MAP
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Is it legal here, on this date?

Pick a product class, a state and a date. You get the status lamp, the lawful channel, the caps, the minimum age, the statute and the day we checked it — plus the federal overlay for that date.
3. Date (today or later)

Texas · THC drinks · on Oct 10, 2026

Licensed channel only

In short
Hemp delta-9 drinks are legal for 21+ with an ID check at DSHS-registered retailers (25 TAC ch. 300 as adopted, Texas Register, Mar 20, 2026, read Oct 8, 2026, sets no mg cap). Since Jun 22, 2026 TABC licensees may not allow consumption where on-premises alcohol consumption is prohibited.
Channel
Licensed hemp retailer only
Potency caps
0.3% total delta-9 THC dry weight
Minimum age
21+
Retailer licence
Required · official registry
Shipping into the state
Unclear
Effective
Jun 22, 2026
Next scheduled change
None scheduled in the sources checked
Pending
15th COA No. 15-26-00099-CV (appeal of the injunction against the Mar 31 rules): appellant's reply brief filed 2026-09-17; amicus brief received 2026-10-01; on 2026-10-05 the appeal was set for submission and oral argument on Dec 8, 2026 at 9:30 AM. Federal: Monti v. Garcia, S.D. Tex. 3:26-cv-00254: TRO denied 2026-08-09; amended complaint filed 2026-09-17; plaintiff's summary-judgment motion filed 2026-09-29; answers were due 2026-10-09; initial conference 2026-11-04; no separate preliminary-injunction motion appears on the RECAP docket index (read Oct 8, 2026).
Statute / rule
16 TAC §§35.5-35.7; 25 TAC ch. 300 · 16 TAC §35.7 adopted rule (Texas Register, Jun 19, 2026); 25 TAC ch. 300 adopted rules (Texas Register, Mar 20, 2026)
Checked
Verified Oct 8, 2026

Federal overlay · applies from Dec 11, 2026

Federal: total THC (incl. THCA) ≤0.3%, 0.4 mg per container, converted delta-8

From Dec 11, 2026, hemp means total THC including THCA at 0.3% or less by dry weight; final products are capped at 0.4 mg total THC per container; cannabinoids made outside the plant (converted delta-8, delta-10) are excluded. Scheduled — Dec 11 is also the day the federal funding bill expires, and the White House budget office asked Congress in June for 'at minimum, an extension'. Watch the countdown.

P.L. 119-103 §2019 + P.L. 119-37 §781

All product classes in Texas →What changed →

General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.

Sources

  1. P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
  2. H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
  3. OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
  4. 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026

Frequently asked questions

›Does 'not yet verified' mean banned?

No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.

›Does the checker decide whether my product is legal?

No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.

›What is a 'licensed channel only' lamp?

The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.