Is Hemp Still Legal in Texas? What the Federal Ban Really Means

The Federal Hemp Ban Isn’t the End of the Trail — Especially Not in Texas

Howdy, friends. There’s been a whole lot of chatter about the “federal hemp ban” tucked inside Congress’ recent government funding bill — and plenty of Texans are wondering what this means for their favorite hemp-derived beverages.

Let’s settle back and walk through what really happened, what’s actually changing, and why Texas isn’t riding off into the sunset just yet.

How We Got Here: Hemp, Politics, and a Government Shutdown Clock

In November, Congress passed a massive continuing resolution — basically a temporary budget that kept the government open. Buried inside that must-pass bill was a redefinition of “hemp.”

The new federal definition creates a limit of 0.4 mg of total THC per container, a threshold so low that 95% of hemp products on shelves today would be considered “marijuana” under federal law.

This inclusion wasn’t because Congress set out to overhaul the hemp industry. It happened because the hemp language got attached to a larger negotiation that simply couldn’t fail. In short: hemp became a bargaining chip in a fight to avoid a government shutdown.

But that’s not the whole story. Even Congress, through the Congressional Research Service (CRS), isn't sure how this would work.

What the Congressional Research Service (CRS) Says

The CRS — Congress’ own nonpartisan research arm — released an analysis stating: "it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect."

That uncertainty matters. Enforcement timelines, priorities, and agency interpretations all remain in flux. And the new definition does not take effect until November 13, 2026, giving lawmakers significant time to revise, delay, or replace the ban.

Many in Congress have already signaled they intend to do exactly that.

So… What Does This Mean for Texas?

Here in Texas, the landscape looks different than what national headlines suggest.

1. Texas can still regulate hemp inside its borders.

Even if the federal definition eventually takes effect, Texas retains authority over intrastate commerce — meaning products made in Texas, sold in Texas, and staying in Texas can continue under state oversight.

This is similar to how states operate medical cannabis programs while cannabis remains federally illegal. The federal government historically does not disrupt state-regulated intrastate markets.

2. Texas regulators are already signaling stability.

Shortly after the federal bill passed, the Texas Alcoholic Beverage Commission (TABC) continued advancing new hemp rules — including age gates, ID checks, and clearer sales guidelines.

If Texas expected hemp to disappear, they wouldn’t be expanding regulatory structures.

3. We’d lose interstate shipping — not Texas retail shelves.

The biggest shift would be the restriction on crossing state lines. That means Texas-made hemp products would stay within Texas. But Texans would still be able to buy them.

Our Take: The Story Isn’t Over Yet

At Howdy, we’re watching this closely and working alongside industry partners, Texas policymakers, and national advocacy groups.

Here’s the honest truth:

• The ban hasn’t taken effect.
• Congress is already moving to reverse or revise it.
• Texas still controls what happens inside Texas.
• Your favorite Howdy beverages aren’t going anywhere.

We’ll continue crafting classic cowboy flavors that help you unwind — responsibly, and always within Texas law.