Are THC Drinks Legal in Texas? (2026)

Yes. Hemp-derived Delta-9 THC drinks are legal in Texas for adults 21 and over, with no milligram cap in state law. Anyone selling them to Texans must hold a Texas DSHS retail hemp registration.

What to know in Texas

• Texas sets no milligram cap on hemp THC drinks, but total THC now counts THCA as well as Delta-9.
• Retailers need a registration from the Texas Department of State Health Services for each location, and sales are 21+.
• The federal 0.4 mg per-container limit applies from December 11, 2026.

The federal deadline

On December 11, 2026, a federal law changes the definition of hemp so that finished products with more than 0.4 milligrams of total THC per container no longer qualify, in Texas and every other state. Read what the December 11 change means.

Compare every state on our state-by-state legality guide.

Frequently asked questions

Are THC drinks legal in Texas?

Yes. Hemp-derived Delta-9 THC drinks are legal in Texas for adults 21 and over, with no milligram cap in state law. Anyone selling them to Texans must hold a Texas DSHS retail hemp registration.

Can you ship THC drinks to Texas?

Texas requires sellers who ship hemp THC drinks into the state to hold a Texas DSHS retail hemp registration. Texas is on our legal-review list, so check our Where We Ship page for current status before you order.

What is the THC limit for drinks in Texas?

No milligram cap. The federal limit of 0.4 milligrams of total THC per container applies nationwide from December 11, 2026.

Must be 21+. General information, not legal advice. Hemp and THC laws change often; check current rules for your location.