The market for THC-infused beverages is rapidly expanding in many states, including Texas, and has begun to capture the interest of Texans, particularly with major liquor stores like Specs Liquors now offering these products. As this trend grows, many are left wondering about the legality of these drinks.
In 2018, the Controlled Substances Act was amended to remove hemp from the list of controlled substances, thereby legalizing it at the federal level. Hemp, a variety of the Cannabis sativa L. plant, is defined as having a THC concentration of no more than 0.3% on a dry-weight basis. This change allowed for the legal production, sale, and consumption of hemp and its derivatives, though states retain the power to regulate hemp production, provided their plans are approved by the USDA.
In Texas, the Department of State Health Services (DSHS) redefined THCs under the Texas Controlled Substances Act as of January 2021. This new definition rendered all THC isomers, except for Delta-9 THC derived from hemp with a concentration of less than 0.3%, illegal. In 2023, Texas legislators made another attempt to tighten hemp regulations by proposing a bill that sought to ban Delta-8 THC but continued to permit up to 0.3% Delta-9 THC.
These regulatory shifts have made THC beverages particularly popular in Fort Worth, a city known for its progressive stance on cannabis products and alignment with the 2018 Farm Bill’s broader acceptance of hemp-derived goods. As a result, Fort Worth residents are legally enjoying THC beverages that include the psychoactive component of cannabis, provided they adhere to state regulations on THC content. This has sparked significant interest and enthusiasm in the local market, leading to speculation about whether THC-infused drinks might become Fort Worth’s new favorite way to experience a high.