AUSTIN, Texas — Texas is set to tighten rules on hemp products at the end of the month, including changes that could affect smokable hemp. The new regulations from the Texas Department of State Health Services take effect March 31.
Under the rules, businesses can only sell or distribute consumable hemp products if they come from legally grown hemp and have been lab-tested to show 0.3% delta-9 THC or less. Test results must also be provided to the department upon request.
The rules also require hemp products to be sold only to people 21 and older with valid government-issued identification.
The finalization of the rules follows a public hearing in January, during which small business owners shared concerns about the impact on their operations. Last fall, Governor Greg Abbott issued an executive order directing state agencies to regulate hemp products statewide.
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Estella Castro, owner of Austinite Cannabis Company, says the rules could force businesses to stop selling some popular items. “To take away the flower and what we’ve been accustomed to and what our patients and customers have been using, that was kind of heartbreaking,” she said.
Castro is already considering shifting her business toward merchandise, jewelry, and coffee to stay afloat, but she worries about long-term sustainability. “These are gonna stick, and we are gonna have to roll with what the punches are on this,” she said.
State law already bans the processing or manufacturing of consumable hemp products for smoking, a law the Texas Supreme Court upheld in 2022. DSHS says a lower court injunction still allows the distribution and retail sale of smokable hemp products.
The newly adopted rules will be published on Friday.