Texas regulators approved a prohibition on sales of smokable THC products that starts March 31.
The Texas Department of State Health Services finalized the permanent rules after a public comment period ended on January 26. The measures bar stores from offering any smokable forms of THC, including hemp derivatives, but permit edibles and infused drinks.
Officials concurred with 21 of the dozens of comments submitted. Among those rejected: requests to exclude THCA, or tetrahydrocannabinolic acid, from the total THC definition or smokable ban. THCA converts to a psychoactive substance when burned and previously evaded marijuana restrictions through a loophole.
Retailers and manufacturers of consumable hemp products will face higher fees, though they are reduced from the initial proposals. Annual retail fees will rise to $5,000 per location from $150. Manufacturers must pay $10,000 per facility, up from $250. Thousands of stores hold licenses to sell hemp products statewide.
Gov. Greg Abbott issued an executive order on September 10 directing the changes, including minor protections and limits on sales locations. The order followed a legislative push to ban THC products outright.
Abbott vetoed Senate Bill 3, backed by Lt. Gov. Dan Patrick. Patrick called THC products “poison” and held press conferences accusing companies of marketing to youth.