EL PASO, Texas (KFOX14/CBS4) — Big changes are coming to Texas smoke shops starting Tuesday, as new state regulations cap the amount of total THC allowed in smokable products and effectively remove many hemp-derived items from store shelves.
New rules issued by the Texas Department of State Health Services cap total THC in any smokable products at 0.3%.
The move essentially bans products like hemp flower and pre-rolls.
Attorney Brock Benjamin said the smokable flower many people have been buying “was, for lack of a better term, low THC,” but “is not low enough anymore,” adding that the state has “lowered that floor down.”
Destiny Venecia reports on the hemp product ban affecting shops.
Benjamin said smokable hemp products are now being treated like marijuana under the new classification.
“It’s essentially been classified, so to speak, as marijuana,” Benjamin said. “And so marijuana under four ounces is a class B misdemeanor, above four ounces is class A.” He said the statute “is going to start on March 31st” and will be “treated reclassified as regular marijuana.”
RELATED: Texas will ban smokeable hemp cannabis on March 31. Here’s what you need to know
Benjamin said the changes also include child-resistant packaging, stricter testing, and raising the age to purchase to 21.
State leaders have said that the new regulations protect minors.
El Paso smoke shops are preparing for immediate impacts.
Gabriel Silva, a manager at World Peace Smoke Shop, said the store is working to comply.
Gabriel Silva, a manager at World Peace Smoke Shop. Credit: KFOX14/CBS4
“So we’ll be taking down all of our selection of CBD, THC, and HHC,” Silva said. “Whatever they want us to take down, we’re going to be in compliance.”
Silva said hemp-related products make up a significant share of sales.
“Our sales are about 20 to 30 percent of our sales are… hemp,” Silva said. “[It] is going to be a challenge for sure.”
Silva also said many customers are unaware of the change.
“So unfortunately, no, a lot of people don’t know that it’s going on,” Silva said. “I’m telling my customers that we are going to be taking it off on the 31st, and a lot of them are upset.”
Benjamin said he believes law enforcement will likely take a broad approach, seizing products they believe are illegal.
“I think this is going to have a… large impact on a lot of these smaller businesses that you know have sold a lot of these products thinking they’re legal and now the law has changed,” Benjamin said.
The ban does not apply to consumable products like gummies and beverages.
Those are regulated by the Texas Alcoholic Beverage Commission, which has not issued new regulations.
El Paso smoke shops brace for hemp ban under new Texas law. Credit: KFOX14/CBS4
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