Yes for now, you can legally buy and use hemp-derived THC beverages like Nowadays in Texas if they comply with existing hemp laws and state rules (such as THC limits and age verification). But no, they are not “fully legal without risk” because a major new federal law will take effect in 2026 that bans most of the products currently sold, and Texas has already imposed stricter state regulations (age 21+, ID verification, restrictions on retailers) which change the practical legality and future availability.
Federal Update: Coming Crackdown on Hemp-THC Consumables
In November 2025, Congress passed a funding/appropriations bill that tucked in a provision targeting hemp-derived consumables containing THC. According to reports, the law bans the sale of any hemp‐derived product that contains more than 0.4 milligrams of total THC per container.
This is a drastic change because most THC beverages and edibles currently contain multiple milligrams of THC so this rule would effectively outlaw the vast majority of products of this type.
Importantly, the effective date is set one year from the law’s signing — so November 2026 is when enforcement would begin.
What this means: if you purchase such a beverage today in Texas, you may still be able to legally use it but after the federal enforcement date, unless the product has less than 0.4 mg THC per container, it will be illegal under federal law which typically preempts state law, meaning Texas law could be superseded or conflict.
Texas State Regulation: Age Limits & Retail Rules
Even before the federal clock runs out, Texas has moved aggressively. In September 2025, Greg Abbott issued Executive Order GA-56 directing state agencies to regulate “consumable hemp products” (CHPs) that contain THC.
Following that, the Texas Alcoholic Beverage Commission (TABC) adopted emergency rules effective September 23, 2025, with enforcement beginning October 1, 2025. These rules include:
- Sales of CHPs to persons under 21 are prohibited.
- Mandatory ID verification for any sale of a CHP; failure to check ID can lead to cancellation of the retailer’s TABC license.
- These emergency rules will remain in force for 120 days (with possible extension of 60 days) while permanent rules are processed.
Also, the Texas Department of State Health Services (DSHS) adopted emergency rules (October 3, 2025) that mirrored the age prohibition and ID requirements for licensed sellers.
For Texas consumers and retailers, this means even now: you cannot buy or sell such THC beverages if you’re under 21; you must show valid government ID; and retailers must register, comply, and verify the product’s hemp status and testing.
How the Legal Status Works Now for Nowadays in Texas
Given the above:
- If Nowadays (or a similar beverage) is truly hemp-derived (meaning the THC is derived from hemp, not marijuana) and the THC content is within the currently permitted threshold (up to 0.3 % delta-9 THC by dry weight under previous hemp law) — then until the federal enforcement date you may legally purchase, possess, and consume it in Texas, so long you are age 21+ and purchase from a compliant seller.
- After November 2026, unless the product is reformulated to contain ≤ 0.4 mg total THC per container (or an alternative regulatory path emerges), it will be illegal under federal law. That means even if Texas allows it locally (which is unlikely if federal law bans it), you may face federal prohibition.
- Because Texas agencies are already tightening regulation (age limits, ID checks, retailer oversight), the practical marketplace is narrowing: fewer retailers may carry the products, costs may rise, availability may drop, and enforcement may increase.
- Furthermore, even now there is regulatory risk: if a product is found to exceed permissible hemp-THC limits, to mislabel, or to mimic intoxicating marijuana products too closely, law enforcement or regulatory action can still target it.
What You Should Do if You Consider Using Such Beverages in Texas
- Verify the product’s Certificate of Analysis (COA) from an independent lab verifying THC content and hemp compliance.
- Check that you are indeed age 21 or older, and that the retailer uses ID verification according to TABC/DSHS rules.
- Understand the product’s formulation: Is the THC derived from hemp? Is the total THC per container within legal thresholds?
- Be aware of the timeline: After November 2026, the federal law becomes effective — consider this a “use while it’s still legal” window and not a guarantee of future sale or possession.
- Monitor Texas rulemaking: Permanent rules for Texas may impose additional restrictions (packaging, marketing bans, limits on THC strength, etc.).
- Keep receipts, product labels, and proof of compliance in case a regulatory audit or legal question arises.
Final Thoughts
You may legally purchase and consume a hemp-derived THC beverage like Nowadays in Texas if it is compliant (hemp-derived, tests within limits), you are over 21, and you buy it from a retailer that verifies ID. However, the regulatory environment is shifting rapidly: Texas has already imposed stricter rules and a sweeping federal ban will take full effect in November 2026 that will make most current formulations illegal nationwide. So what is legal now may not be for much longer, and the risk of regulatory disruption is high.
