Are THC Drinks Still Legal in Texas? 2026 Rules and Delta-9 Compliance
Compliant hemp-derived Delta-9 beverages can still be sold in Texas. This guide covers the current THC limits, 21+ sales rules, testing, labeling, packaging, licensing, and what changed on July 31.
See what the July 31 changes mean now, which rules apply to Delta-9 beverages, what the current lawsuits do and do not change, and what the November 12 and December 11 federal Section 781 dates mean for beverage brands and retailers.
Yes. Compliant hemp-derived Delta-9 THC beverages can still be sold in Texas after the July 31, 2026 controlled-substance update.
Texas also requires the applicable finished-product testing, labeling, child-resistant and tamper-evident packaging, and business licensing or registration. Federal timing changed after the prior review: H.R. 6500 became Public Law 119-103 on September 2, 2026. Section 2019 creates a two-date federal timeline: beginning November 12, Section 781 applies to the specified intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L.; until December 11, the broader Section 781 amendments are held back.
Planning your own Texas THC beverage? Texas businesses can use white-label or private-label production, but the business still needs the DSHS license or registration that applies to what it does with the finished product. For projects we support, commercial production generally begins at approximately 360 cans per SKU.
Texas hemp policy watch · Reviewed October 21, 2026
Texas hemp regulations: important dates and what could change next
Court hearings, the November election, federal hemp deadlines, and the next Texas legislative session could shape the market. Here are the key dates for beverage businesses and readers following Texas hemp policy.
Current rules still apply. A scheduled court hearing or an election does not automatically suspend a regulation. A new court order, enacted legislation, or a scheduled effective date can change the applicable requirements. Texas businesses should also track federal rules separately from state law.
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Oct302026
Reported Texas injunction hearing
Public reporting from plaintiffs' counsel lists a temporary-injunction hearing in the separate SS Distro v. DSHS case. The date is reported, not independently confirmed here from an official docket; any change in enforceability depends on a court order.
Read the hearing report -
Nov32026
Texas general election
Voters will select officials, state legislators, and judges. Those officeholders may affect future hemp policy, but election results do not themselves change the rules governing products today.
Texas Secretary of State election information -
Dec82026
THBC appeal: oral arguments
The Fifteenth Court of Appeals has scheduled oral argument in the challenge to portions of DSHS's consumable-hemp rules. Argument is not a decision, and there is no announced deadline for a ruling.
Read the THBC case update -
Dec112026
Broader federal Section 781 provisions
Under enacted Public Law 119-103, the temporary limit on the broader Section 781 amendments lasts until December 11. This is a potential major federal change for finished hemp-derived THC beverages unless intervening legislation changes the law.
Follow the NLL federal deadline tracker
More important dates: November 9, November 12, and January 12
- November 9, 2026: Legislators and legislators-elect can begin prefiling bills for the 90th Texas Legislature. Texas Legislative Council calendar.
- November 12, 2026: The first federal Section 781 stage applies to the specified intermediate and final products containing cannabinoids that cannot be naturally produced by Cannabis sativa L. This is distinct from the broader December 11 change. Read Public Law 119-103, Section 2019.
- January 12, 2027: The 90th Texas Legislature convenes for its regular session. Proposals debated during the session are not enforceable laws unless enacted and effective. Texas legislative calendar.
2026 Texas election: where do candidates stand on hemp?
The Texas Hemp Business Council (THBC) published a statewide and district-by-district voter guide with its assessments of candidates' hemp-policy records. Its companion directory presents candidates' questionnaire responses in their own words. THBC's assessments reflect its industry perspective; a candidate's party affiliation alone does not establish their position.
THBC and Hometown Hero are industry advocacy sources, not regulators. Their positions and assessments are provided as attributed perspectives; readers can consult candidate statements and official records directly. This guide reports policy developments and does not endorse candidates or provide legal advice.
Texas THC beverage rules at a glance
Texas regulates these drinks as consumable hemp products. Businesses selling them need to follow the state’s 21+ sales rules, finished-product testing requirements, label and packaging rules, and the licensing or registration requirements that apply to what the business actually does.
October 15 litigation update: the Texas rules are still in effect
On October 1, the Texas Hemp Constitutional Alliance and TSVL LLC (doing business as Green Nation) filed an amicus brief in the THBC appeal, No. 15-26-00099-CV. The filing argues that DSHS exceeded its statutory authority when it included THCA in its total Delta-9 THC standard and imposed related testing requirements. The Fifteenth Court of Appeals has set oral argument for December 8, 2026, at 9:30 a.m. Central. The court has not ruled on those arguments, and the filing and hearing date do not suspend the challenged DSHS rules.
The federal case Monti et al. v. Garcia, No. 3:26-cv-254, was filed July 31, 2026 in the U.S. District Court for the Southern District of Texas. On August 9, the federal judge denied the plaintiffs’ request for an emergency temporary restraining order. The plaintiffs filed a motion for summary judgment on September 30. An October 9 update from the Texas Hemp Business Council also reports a first amended complaint and further details of the plaintiffs’ claims. These filings advance the case but do not themselves block the July 31 Texas schedule.
A separate Travis County case, SS Distro USA LLC et al. v. Texas Department of State Health Services, Cause No. D-1-GN-26-007113, was filed August 19. Public reporting from plaintiffs’ counsel says the court denied the temporary restraining order and set a temporary-injunction hearing for October 30, 2026. The denial did not resolve the underlying case, and no public order reviewed for this update suspends the current Texas rules.
The federal timeline also changed after the prior review. H.R. 6500 became Public Law 119-103 on September 2, 2026. Section 2019 does not simply move all of Section 781 to a new date. Beginning November 12, Section 781 applies to the specified intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L.; until December 11, the broader Section 781 amendments are held back. Texas operators still need to track both Texas law and federal law because they are separate requirements.
Delta-9 beverages can still be sold
Compliant hemp-derived Delta-9 beverages remain legal to sell under the Texas consumable-hemp rules when they meet the applicable requirements.
No current state mg cap
Texas has not adopted a beverage-specific milligram limit per serving or package.
21+ with ID
Every purchaser must be verified as 21 or older using valid government-issued identification.
Manufactured Delta-8 clearly affected
DSHS states that only naturally occurring trace amounts of Delta-8 are permissible. Products labeled with Delta-8 or testing above trace amounts may be detained and referred to law enforcement.
Testing is required
Representative finished-product samples must be tested before sale, distribution, or introduction into Texas commerce.
Child-resistant and tamper-evident
The package used for retail sale must meet Texas child-resistant and tamper-evident requirements.
Allowed with the right Texas license
Texas businesses can launch private-label beverages, but DSHS treats private labeling as a manufacturing activity for licensing purposes.
About 360 cans per SKU
For projects supported by Next Level Leaf, commercial production generally begins at approximately 360 cans per SKU.
How this page is checked: We review Texas statutes, adopted rules, current DSHS and TABC guidance, official rulemaking notices, and court decisions. Proposed or failed legislation is kept separate from the rules that are actually in force.
Are THC drinks still legal in Texas in 2026?
Hemp-derived Delta-9 beverages can currently be sold in Texas when they qualify as consumable hemp products and remain within the applicable total Delta-9 THC limit. Texas’s current formula includes THCA when calculating total Delta-9 THC: total Delta-9 THC = (0.877 × THCA) + Delta-9 THC.
Texas does not currently impose a separate 2.5mg, 5mg, or 10mg beverage ceiling. DSHS considered comments asking it to align with a 0.4-milligram federal standard but declined to adopt that limit in the March 2026 rulemaking. The THC amount still matters to the customer and retailer. A clearly labeled 2.5mg, 5mg, or 10mg single-serving beverage is generally easier to understand than a high-dose novelty product.
Why are THC drinks still legal in Texas?
Texas has not adopted a blanket ban on all hemp-derived THC drinks. DSHS states that consumable hemp products may contain Delta-9 THC at a concentration of not more than 0.3% on a dry-weight basis. The July 31 controlled-substance schedule changed how Texas treats Delta-8 and other tetrahydrocannabinols, but it did not replace the separate consumable-hemp pathway for a compliant hemp-derived Delta-9 beverage.
What THC drinks can still be sold in Texas?
The beverage format by itself does not decide the answer. A seltzer, soda, tea, lemonade, mocktail, juice drink, coffee, or other consumable-hemp beverage may fit the Texas rules when the finished product stays within the applicable Delta-9 THC concentration limit and meets the state requirements for testing, labeling, packaging, age verification, and the seller or manufacturer’s license or registration.
The milligram number alone also does not decide legality. For example, a 10mg THC drink is not automatically legal or illegal just because it contains 10mg per serving. Texas currently uses the finished product’s total Delta-9 THC concentration on a dry-weight basis rather than a separate beverage-specific milligram cap. For a specific brand, check the current formula, cannabinoid source, finished-product COA, label, package, and seller status instead of relying on the brand name alone.
Texas rules in one paragraph
As of October 21, 2026, compliant hemp-derived Delta-9 THC beverages can still be sold in Texas after the July 31 controlled-substance update. The state has no beverage-specific milligram cap per serving or package, but it requires 21+ ID verification, a finished product at or below 0.3% total Delta-9 THC by dry weight, finished-product testing, COA-linked labeling, child-resistant and tamper-evident packaging, and the license or registration required for the business activity. The July 31 change clearly affects Delta-8 above naturally occurring trace amounts and can affect other THC isomers, but it did not ban compliant hemp-derived Delta-9 beverages. Federal timing has moved, but Texas operators still need to track the separate federal Section 781 issue.
Can a Texas business use an out-of-state production partner?
Yes. A Texas business can use an out-of-state production partner. The Texas brand, retailer, distributor, or other business still needs the DSHS license or registration that applies to what it does with the finished product, including private labeling, distribution, and retail sale.
Ready to price a Texas project? Request a quote with the beverage type, THC amount per can, cannabinoid blend, flavor or flavors, quantity per flavor, packaging status, and shipping destination.
Choose the beverage type
Decide whether you want a seltzer, soda, lemonade, tea, coffee, juice-style drink, mocktail, or another format.
Choose the THC amount and cannabinoid blend
Decide the THC amount per can and whether the formula will include CBD, CBG, CBC, or another permitted cannabinoid combination.
Choose flavors and quantity per flavor
Identify the flavors you want and the approximate quantity for each SKU so production and packaging can be quoted correctly.
Confirm packaging status
Know whether you already have artwork, preferred can size, label direction, multipack requirements, and any retailer packaging requirements.
Provide the shipping destination
Freight affects the delivered economics, so include the Texas destination and any delivery constraints with the quote request.
What should you decide before requesting a quote?
Choose the drink format
Depending on the project, options can include seltzers, sodas, teas, lemonades, mocktails, juice-style drinks, coffee, and other ready-to-drink formats.
Choose the dose intentionally
Texas does not currently use a beverage-specific milligram cap, but the finished beverage still needs to stay within the applicable total Delta-9 THC concentration limit.
Approximately 360 cans per SKU
For projects supported by Next Level Leaf, commercial production generally begins at approximately 360 cans per SKU. Selective smaller prototype runs may be available for qualified projects.
For a retailer, distributor, hemp business, beverage company, or existing brand, the practical first step is to decide what you want to sell and then confirm the Texas license, testing, packaging, and label requirements that apply to that product and business role.
Can a Texas business launch a white-label or private-label THC beverage?
Yes. A Texas business can launch a white-label or private-label hemp-derived THC beverage, but Texas treats private labeling as a manufacturing activity for licensing purposes. A business that places its own label, name, or address on a product made by another company generally needs the DSHS Consumable Hemp Product License.
Why Texas remains an important hemp beverage market
Texas already has a large consumable-hemp retail system. In a July 2026 presentation, DSHS reported 14,170 consumable-hemp retail locations and 778 manufacturers as of June 18, 2026. Those numbers cover all consumable hemp products, not just beverages, but they show how large the existing Texas market is.
For hemp retailers, smoke shops, convenience stores, liquor retailers, restaurants, beverage companies, and existing cannabis brands, low-dose beverages offer a familiar ready-to-drink format that customers already understand. For beverage brands, products are easier to place when the dose is clear, the packaging is adult-focused, the testing is complete, and the retailer can quickly review the documentation.
What changed in Texas on July 31, 2026?
Keep the cannabinoid source well documented. The Texas Supreme Court did not decide that every CBD-to-Delta-9 conversion is prohibited. However, the July 31 schedule uses language that can make chemically converted or synthetic-equivalent cannabinoids more complicated to evaluate. For a Delta-9 beverage, keep clear records showing the ingredient source, how it was produced, and the finished-product test results.
What lawsuits are active in Texas now?
Texas has several different hemp cases in progress. They challenge different rules or enforcement actions, so one case should not be treated as changing every Texas hemp requirement.
October 2026 THBC appeal: what changed and what did not?
On October 1, 2026, the Texas Hemp Constitutional Alliance and TSVL LLC, doing business as Green Nation, filed an amicus brief in Texas DSHS v. Texas Hemp Business Council, No. 15-26-00099-CV. The brief argues that Texas law distinguishes preharvest THCA testing from consumable-hemp testing and that DSHS rules improperly displace statutory testing alternatives. These are arguments presented to the court, not findings that the rules are unlawful. Read the filed amicus brief and official appellate docket.
The court has scheduled oral argument for December 8, 2026, at 9:30 a.m. Central. A hearing is not a ruling. The temporary injunction has not been restored, and the challenged March 2026 DSHS consumable-hemp rules remain enforceable unless a later court order changes their status. The THBC appeal is distinct from the separate litigation over the July 31 controlled-substance schedule.
What is D-1-GN-26-007113?
D-1-GN-26-007113 is the Travis County cause number for SS Distro USA LLC et al. v. Texas Department of State Health Services. As of October 15, the available public reporting from plaintiffs’ counsel indicates the temporary restraining order was denied and a temporary-injunction hearing is scheduled for October 30, 2026. The case remains pending, and the TRO denial did not decide the merits.
If you are looking for the docket, a signed order, or the Register of Actions rather than a summary, use the official Travis County court-record search instructions and search the cause number exactly as D-1-GN-26-007113.
What this means right now: filing a lawsuit does not by itself stop a rule. Until a court enters an order that changes enforcement, businesses should follow the Texas rules currently in force and continue watching the cases for new orders.
What do the Texas rules say about THCA and trace Delta-8?
Two different Texas rules can come into play here: whether a finished product meets the DSHS consumable-hemp requirements, and whether a particular cannabinoid is treated as a controlled substance. Those are not always the same question.
THCA counts toward the THC limit
Texas’s currently enforceable March 2026 consumable-hemp rules expressly include THCA in total Delta-9 THC and the acceptable-hemp-THC calculation. The October 1 amicus brief disputes DSHS’s authority to apply that calculation to consumable hemp products, but the filing has not changed the rule currently in effect.
A separate legal question remains
The July 31 schedule reinstates definitions of tetrahydrocannabinols and marihuana extract, but Sky Marketing centered on manufactured Delta-8 and did not resolve every possible criminal-law question involving THCA. That means it would be inaccurate to say that THCA has a blanket exemption under Texas law.
Naturally occurring trace Delta-8 is different
The Texas Supreme Court expressly recognized that naturally occurring Delta-8 THC isomers present in trace amounts in hemp were decontrolled by statute, and noted the commissioner’s representation that such naturally occurring amounts are tolerable under the current regime.
Trace Delta-8 means trace amounts: the Court was discussing the very small amounts that occur naturally in hemp. It contrasted those trace amounts with manufactured Delta-8 products whose concentrations “substantially, dramatically exceed” what occurs naturally in hemp. This does not mean a beverage can be formulated with added Delta-8 above naturally occurring trace amounts.
What this means for a beverage formula
A Delta-9, CBD, or CBG beverage whose finished-product COA shows only incidental trace Delta-8 is different from a product intentionally formulated with added or converted Delta-8. That distinction is supported by the Texas Supreme Court’s discussion in Sky Marketing. Keep records showing where the cannabinoid came from, how it was produced, and what the finished-product COA shows.
Texas manufacturer, retailer, and distribution requirements
| Texas manufacturer or private-labeler | A DSHS Consumable Hemp Product License is required for activities Texas treats as manufacturing, including processing, packaging, repackaging, labeling, and relabeling. DSHS currently lists the one-year total at $10,300 per location, including the Texas Online fee. |
|---|---|
| Texas retailer | A seller offering finished consumable-hemp products without changing the product or package generally needs a Retail Hemp Registration. DSHS currently lists the one-year total at approximately $5,150 per location, including the Texas Online fee. |
| Online seller | DSHS states that online retailers selling into Texas need the retail registration even when based outside Texas. |
| Texas business using an out-of-state production partner | A Texas business can use an out-of-state production partner. The Texas-side brand, private-labeler, distributor, retailer, or online seller still needs the license or registration that applies to what it does with the finished product. |
| Distributor or wholesaler | A distributor may need a Consumable Hemp Product License and may also be subject to Texas wholesale food requirements. The exact requirement depends on what the distributor does with the product. |
What must appear on a Texas hemp beverage label?
A Texas hemp beverage label needs more than the THC amount. Each product intended for individual retail sale must carry the required label information so a buyer, retailer, or inspector can identify the manufacturer, batch, serving information, and matching COA.
Product, batch, and company information
- Product name
- Batch identification or lot number
- Batch or lot date
- Manufacturer or processor name
- Manufacturer or processor phone number and email
Visible COA link and serving information
- A conspicuously marked URL that reaches the applicable COA in three or fewer steps
- Cannabinoid amount per serving or unit through the linked COA
- Total THC and total Delta-9 THC information
- Recommended serving size in milligrams
- Servings per container
Texas requires a printed URL. A QR code may be added for convenience, but it does not replace the visible URL. The COA itself must include a QR code that verifies the authenticity of testing conducted by an accredited laboratory.
Required warning statements
- Keep out of reach of children.
- The product may contain THC and can cause a user to fail a drug test.
- All THCs have psychoactive properties.
- Pregnant or nursing women should consult a healthcare provider before use.
- The product has not been evaluated by the FDA.
A beverage must also satisfy the food-label requirements that apply to its product category, including product identity, net quantity, ingredient statement, allergens, responsible-party information, and nutrition labeling where required.
Do THC beverage cans need child-resistant packaging in Texas?
Texas requires consumable hemp products to be sold in packaging that is tamper-evident and child-resistant. A package with multiple servings must also be resealable while keeping the child-resistant feature intact. DSHS also states that certain canned or bottled packages may qualify as child resistant, but a standard can should not be assumed compliant without reviewing the actual package.
Texas does not say that every standard pull-tab beverage can is automatically compliant, and it does not require one specific type of child-resistant can end. Do not assume a standard pull-tab can automatically satisfies the rule. Review the can and any outer packaging together to make sure the retail package meets the child-resistant and tamper-evident requirements.
Check the actual package you plan to sell
Do not assume a standard pull-tab can automatically meets the Texas child-resistant requirement. Check the can and any outer packaging you plan to use.
Do not separate cans unless they comply on their own
If the child-resistant requirement is met by an outer multipack, do not sell the individual cans separately unless each can also meets the applicable packaging requirement.
Keep the presentation adult-oriented
Clear cannabinoid disclosure, professional design, and avoidance of youth-oriented imagery support retailer confidence and responsible placement.
What testing and COAs are required?
Before a consumable hemp product is sold at retail, distributed, or otherwise introduced into Texas commerce, a representative sample must be tested by an accredited laboratory. Texas defines an accredited laboratory around ISO/IEC 17025 or a comparable or successor standard.
Finished-product testing
- Cannabinoid identity and concentration
- Delta-9 THC
- Total Delta-9 THC
- Total THC
- Residual solvents
- Heavy metals
- Pesticides
- Harmful pathogens
- Other current DSHS analytes
Keep the COA tied to the correct batch
- Finished-product COA linked to the applicable batch
- Lot identification and sample dates
- Methods, instruments, limits of detection, and limits of quantitation
- Measurement-of-uncertainty information
- COA expiration date
- Laboratory-authentication QR code on the COA
- Retention of testing records for at least three years
Under currently enforceable DSHS testing rules, expired COAs are not valid and an ingredient COA alone should not be assumed to replace the finished beverage’s batch documentation. The October 1 amicus brief disputes whether those rules override statutory testing alternatives, but that legal challenge has not suspended the current requirements. For retailer or distributor review, keep the finished-product COA, batch records, ingredient-source documentation, approved label, packaging specifications, and recall information together.
Where can hemp-derived THC beverages be sold in Texas?
Texas does not restrict consumable hemp products to cannabis dispensaries. Compliant products can be sold outside cannabis dispensaries. Depending on the business and its permits, relevant channels can include hemp retailers, smoke shops, convenience stores, liquor stores, online sellers, and some restaurant or bar settings. Each seller still needs the DSHS license or registration and any other requirements that apply to that business.
TABC-licensed businesses
A TABC license by itself is not enough to sell consumable hemp products. The business also needs the applicable DSHS license or registration. TABC licensees must verify that each CHP customer is at least 21, and specified off-premise alcohol permit holders may not allow consumable hemp products to be consumed on the premises.
The TABC guidance reviewed for this update does not say that every business selling alcohol is prohibited from selling hemp THC beverages. Restaurants, bars, and package stores should check the rules for their specific TABC permit and how they plan to sell or serve the product.
What should Texas beverage brands watch next?
If you are developing a beverage now, focus on the rules that are already in force: use a clearly documented cannabinoid source, complete finished-product testing, adult-focused packaging, and the correct Texas license or registration. Continue watching both the Texas litigation and the federal Section 781 change, including the December 11 federal timing and the separate synthetic-derivative issue.
What this means for Texas beverage brands and retailers
Texas remains a large market for retailers, hemp businesses, beverage brands, distributors, restaurants, and other businesses considering low-dose THC beverages. Products with clear dosing, complete documentation, professional adult-focused packaging, and straightforward retailer information are easier to evaluate and sell than novelty products with weak records.
Start with who will own and sell the product
Confirm who owns the brand, whose name will appear on the label, who distributes the beverage, and who will sell it.
Choose the THC amount
Choose a THC amount that makes sense for the customer and the type of retailer where you expect the beverage to be sold.
Keep the product records together
Before production, confirm the cannabinoid source, finished-product testing, COA requirements, label, packaging, and batch records.
Confirm the production details
Once those details are clear, confirm the formula, flavor, THC dose, order quantity, packaging, testing, freight, and timeline.
Planning the beverage itself
Texas compliance is only one part of developing the beverage. You also need to decide the beverage type, THC amount, flavor, emulsion, shelf life, packaging, order quantity, freight, and where you expect to sell it. Explore our hemp-derived THC beverage manufacturing capabilities, review the broader beverage compliance framework, or compare markets through the state hemp beverage resource hub.
For brands moving away from Delta-8 or another product affected by the July 31 update, a low-dose Delta-9 seltzer, soda, tea, lemonade, mocktail, juice drink, or coffee can provide a clearer ready-to-drink alternative, provided the product is designed around the current Texas rules and the separate federal Section 781 issue.
Texas sources used for this guide
These sources were used to review the Texas rules and verify the October 15, 2026 litigation update. Government guidance and court orders can change, so the review date is shown prominently and the current rules are separated from pending litigation.
Consumable Hemp Program
Program notices, current program and enforcement information, licensing, and registration resources.
View the DSHS program pageMarch 31, 2026 adopted rules
Current requirements for total Delta-9 THC, testing, labeling, packaging, recordkeeping, age verification, and fees.
Read the adopted rulesControlled-substance schedule notice
DSHS notice reinstating the 2021 definitions effective July 31, 2026.
View the DSHS schedule pageTexas Hemp Business Council resources
State and federal hemp-litigation documents and status notes, including the September 30 Monti v. Garcia motion for summary judgment and October 1 litigation update.
View THBC lawsuit resourcesSS Distro USA LLC et al. v. DSHS
Public case-status reporting based on plaintiffs’ counsel: the TRO was denied, and a temporary-injunction hearing is scheduled for October 30, 2026.
Read the current case-status reportDSHS v. Sky Marketing Corp.
The May 1, 2026 opinion underlying reinstatement of the controlled-substance definitions.
Read the court opinionLicensing, registration, and labeling
Current application totals, private-label treatment, online retail guidance, and label requirements.
View licensing guidanceConsumable hemp rules for alcohol licensees
Age verification, DSHS licensing or registration, and off-premise consumption rules.
View TABC guidanceJuly 2026 program update
Official retailer and manufacturer counts and DSHS statements about current rules and enforcement.
View the Senate committee presentationTHBC appeal, No. 15-26-00099-CV
The Fifteenth Court of Appeals docket confirms the October 1 amicus filing and December 8 oral argument setting.
View the official appellate docketOctober 1 amicus brief
Texas Hemp Constitutional Alliance and TSVL LLC discuss the challenged total Delta-9 THC calculation and statutory testing provisions; this is the filers’ argument, not a court ruling.
Read the filed briefDecember 8 oral argument notice
Notice dated October 5 confirming the December 8 hearing at 9:30 a.m. Central.
Read the court noticeTHBC appeal update
THBC’s October 7 update explains the latest amicus arguments and December 8 hearing, while confirming the challenged DSHS rules remain enforceable pending further court action.
Read the October 7 THBC updateMonti et al. v. Garcia
Federal case No. 3:26-cv-254 challenging the July 31 scheduling action. The emergency TRO was denied August 9; THBC’s October 9 report describes an amended complaint and a motion for summary judgment. The case remains pending.
View the federal docket referenceMonti v. Garcia amended complaint
THBC's report, based on plaintiffs’ counsel, describes the amended complaint and summary-judgment request. These are parties’ claims, not a ruling.
Read the October 9 case updateFederal TRO denied
Texas Tribune reporting on the August 9 federal order denying emergency relief and leaving the July 31 schedule in effect while the lawsuit continues.
Read the court updatePublic Law 119-103, Section 2019
Official congressional text establishing the temporary Section 781 scope limitation through December 11, 2026.
Read Section 2019 in the official bill text7 U.S.C. § 1639o, current and future amendment text
Office of the Law Revision Counsel text showing the current federal hemp definition and the Section 781 amendments scheduled to take effect under the federal timeline.
Read 7 U.S.C. § 1639oFrequently asked questions about Texas THC beverage rules
Want to launch your own THC beverage in Texas?
Tell us the beverage type, THC amount per can, cannabinoid blend, flavors, quantity per flavor, packaging status, and shipping destination. For projects we support, commercial production generally begins at approximately 360 cans per SKU, with selective smaller prototype runs available for qualified projects.
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