Where the law stands

Settled What has happened

Texas

• The 2025 THC ban was vetoed. Gov. Abbott vetoed SB 3 on June 22, 2025. Two special sessions followed. The Senate passed bans; the House did not. The second session ended early in September 2025 with no ban and no new regulation.^[1][2][3]
• Executive Order GA-56 (Sept. 10, 2025) directed state agencies to tighten hemp regulation and enforcement.^[1]
• 21+ with an ID check is the rule. DSHS adopted emergency rules requiring it on Oct. 2, 2025. Permanent DSHS rules (25 TAC chapter 300: testing, labeling, packaging and licensing) took effect March 31, 2026.^[4][1]
• TABC finalized its rules in January 2026. TABC licensees may not sell, serve or deliver hemp products to anyone under 21 and must check ID. A separate DSHS license is still required.^[5][6]
• Delta-9 hemp products remain legal in Texas (no more than 0.3% delta-9 THC by dry weight). Delta-8 scheduling was reinstated July 31, 2026, after the Texas Supreme Court's May 2026 ruling inDSHS v. Sky Marketing.^[4][7][1]

Federal

• Congress redefined hemp. The late-2025 federal appropriations law (H.R. 5371, section 781; P.L. 119-37) measures hemp on a total-THC basis (including THCA), caps finished products at 0.4 mg of total THC per container, and excludes synthesized cannabinoids.^[8][1]
• The start date moved to December 11, 2026. H.R. 6500, signed Sept. 2, 2026, pushed the effective date from Nov. 12 to Dec. 11, 2026. The synthetic-cannabinoid exclusion still takes effect Nov. 12, 2026.^[7]

Pending What is still open

• December 11, 2026 is a delay, not a fix. The new date buys one month. A 0.4 mg per-container cap would effectively end hemp THC beverages and most hemp consumables unless Congress acts.^[7][8]
• Litigation is ongoing in state and federal court over the DSHS rules and delta-8 scheduling.^[7][1]
• The 2027 Texas legislative session. The Senate Health and Human Services Committee set an interim-study hearing on THC for July 7, 2026. Interim findings often become the basis for legislation, and lawmakers are expected to take up hemp again in 2027.^[9][5]