Thinking about trying a THC beverage? Here’s what you should know

Of note

The legal status of consumable hemp is complicated and subject to change, as previously reported by Community Impact.

THC drinks are classified as consumable hemp products under state law. Consumable hemp products are different from traditional cannabis, which remains illegal for recreational use in Texas.

Under current law, products are considered legal hemp if they contain no more than 0.3% Delta-9 THC by dry weight. Tighter restrictions on Texas’ consumable hemp industry took effect March 31, increasing packaging and labeling requirements, raising annual licensing fees for hemp businesses, and outlawing the sale of certain smokable hemp products.

A Travis County judge blocked portions of the new rules May 1, and THC drinks remain legal as long as they meet product safety requirements. However, the state has mandated a minimum age requirement of 21 and up.

Torabi said the industry would benefit from clearer regulations, including standardized testing requirements. She noted that while many businesses are legally able to sell hemp-derived products, that does not necessarily mean they fully understand the products they are offering or how to educate consumers about them.

“Consumers should be mindful. Just because you can get it, just because it's legal, [consumers] should do their due diligence to ensure that the brand and the product that they're ultimately consuming are from a trusted source,” Torabi said.

Texas’ hemp regulations could be preempted by an impending federal ban on intoxicating hemp products. That ban, which Congress approved late last year as part of a federal funding package, is set to take effect in November barring changes to the law, Community Impact previously reported.

Rydman also believes consumable hemp products should remain legal with “safeguards and guardrails” to ensure safety and quality.

“They are adult beverages and should be treated as such,” he said. “Prohibition did not work well. It just created a lot of illegal operations. ... We have to find a way to come up with something that makes sense.”

Things to consider

Additionally, because THC- and CBD-infused beverages are not subject to the same regulatory framework as alcohol and tobacco products, they currently do not carry a U.S. Surgeon General's warning label. Torabi urged consumers to exercise caution if they are pregnant or breastfeeding, taking medications, or planning to drive or swim.

She said her business encourages customers to consult their physicians with any concerns, noting that the medical community has become increasingly informed about hemp-derived products, making it easier for individuals to have open, informed conversations about their use.

She also highlighted a nurse-staffed cannabis hotline, Leaf411, that consumers can call if they experience adverse effects or have concerns after using a product.

Dr. Steven Powell, medical director of Austin-based CARMAhealth, said reducing alcohol consumption can benefit health, but cautioned against treating THC or other substances as direct replacements for alcohol, noting that avoiding drug use altogether is generally the healthiest option.