A ban on smokable hemp will take effect on March 31 under newly proposed and approved guidelines.
Courtesy of Hometown Hero CBD
Newly adopted regulations on THC, which will effectively ban the sale of smokable hemp and extracts, are set to take effect March 31 — leaving Texas retailers and consumers one last day to prepare for sweeping changes.
The Texas Department of State Health Services (DSHS) adopted a finalized version of previously proposed regulations in early March, aligning with Gov. Greg Abbott’s executive order cracking down on hemp.
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The new rules take effect Tuesday, March 31.
How will THC laws change under the new regulations?
The new regulations prohibit the sale of smokable hemp and certain extracts by altering how the DSHS measures delta-9 THC, a cannabinoid that produces cannabis’ intoxicating effects.
Under the current state statute, cannabis with no more than 0.3% delta-9 by dry weight is considered legal hemp.
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The adopted guidelines include a new “total THC” standard, which counts THCA, a naturally occurring cannabinoid in raw cannabis that is not intoxicating until it is heated or smoked, in the delta-9 calculation.
They also impose higher annual licensing fees on retailers and manufacturers of “consumable hemp products.” The adopted fees include $5,000 per year per retail location and $10,000 per year per manufacturing facility.
How advocates, industry groups say the changes could affect Texas’ THC industry
Cannabis advocates have warned that the alterations, notably the ban and additional fees, could drive a boom in the unregulated market.
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“Banning THCA flower won’t stop people from smoking. It won’t reduce demand,” The Texas Hemp Business Council wrote on X. “It will just shut down legitimate businesses and push consumers straight to the black market.”
The Texas Cannabis Policy Center said the “total THC” provision of the newly approved regulations is the “most significant concern.”
The center estimated that nearly 50% of the currently legal, regulated marketplace for hemp will be effectively handed over to illicit operators.
“Our state is less safe with this policy in place,” the center wrote in a March statement.
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When do the new Texas hemp rules take effect?
The regulations will take effect on Tuesday, March 31, barring a court injunction resulting from any litigation. Thus far, no such legal action against the guidelines has been taken.
The Texas Hemp Business Council said it was petitioning to file a lawsuit targeting the THCA flower restriction, as well as major “pain points” such as license fees, but no filing had been made as of publication.
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