Yes, absinthe is legal in Texas, but its sale and production face strict state and local alcohol regulations. The Texas Alcoholic Beverage Commission (TABC) permits absinthe containing thujone levels below 10 ppm, aligning with federal standards. Distillers must secure proper permits, and retailers require licensing under the Texas Code § 104.01. Local jurisdictions may impose additional restrictions, particularly in dry counties or municipalities with heightened alcohol oversight.
Key Regulations for Absinthe in Texas
- Thujone Limits: Texas enforces a 10 ppm cap on thujone content, mirroring FDA and TTB guidelines to mitigate hallucinogenic risks associated with high-thujone absinthe.
- Licensing Requirements: Distributors and retailers must obtain TABC permits; absinthe classified as “spirits” triggers additional scrutiny under Chapter 13 of the Texas Alcoholic Beverage Code.
- Labeling Compliance: Labels must display alcohol by volume (ABV), thujone content, and origin, per TABC’s 2024 labeling amendments. Mislabeling thujone levels constitutes a Class B misdemeanor under § 106.07.
Local ordinances may further restrict absinthe sales in dry areas or impose zoning barriers for tasting rooms. The TABC’s 2026 compliance review targets unlicensed absinthe imports, emphasizing traceability for imported products. Violations risk fines up to $5,000 or license suspension.