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Texas retailers will soon have to stop selling certain cannabis related products.
Beginning March 31, smokable cannabis, often marketed as hemp, can no longer be sold under new rules adopted by the Texas Department of State Health Services.
The change follows months of debate over how to regulate THC products that have become widely available in smoke shops and specialty stores across Texas.
State records show more than 9,000 retail locations in Texas are registered to sell consumable hemp products.
If you’re wondering what the new rule means and what products could disappear from shelves, here’s what to know.
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Why is Texas banning certain cannabis products?
State officials say the change is meant to tighten oversight of hemp products that can produce a high.
Under updated rules from the Texas Department of State Health Services, hemp products must now be tested using what regulators call a “total THC” standard.
That testing counts both Delta-9 THC and compounds that can turn into THC when heated or smoked.
One of those compounds is THCA, which is commonly found in smokable hemp products such as THCA flower.
Because of that chemical change, regulators say smokable hemp products can exceed the state’s legal THC limit once they’re used.
Are THC gummies and other hemp products still legal in Texas?
Yes, products that meet the state’s THC limit and follow packaging, labeling and testing requirements can still be sold in Texas.
Texas legalized hemp products in 2019 after lawmakers passed House Bill 1325, which allows hemp products containing no more than 0.3 percent Delta-9 THC by dry weight.
The new state rules focus mainly on products meant to be smoked.
That means other forms of hemp products, including edibles, beverages and tincture oils that are placed under the tongue, may still be available as long as they comply with the state’s requirements.
How are Texas cannabis retailers responding to the ban?
“It felt like a gut punch,” said Candice Stinnett, owner of Emerald Organics Cannabis Store in Fort Worth
Stinnett has spent years advocating for the hemp industry in Texas and has watched several regulatory battles unfold.
Stinnett said smokable cannabis products have become a cornerstone of her business.
“I always say it’s ‘flower power’ because smokable products are the most popular and about 60% of our sales,” she said. “Although regulators think people are just out here getting high, what we see at Emerald is people consuming this plant to help regulate pain, mood and sleep.”
Because of how central smokable products are to her business, Stinnett said the rule could force major changes.
“With the elimination of flower and pre-roll smokables, we sadly will have to close our retail store,” she said. “But our lounge, where we serve non-alcoholic drinks and edibles, will still be open.”
When the new rule was announced, Stinnett said she immediately began preparing customers for the change.
“I began making notes to put in customers’ bags when they purchased something, sharing updates and announcements regarding this big change that’s going to impact them,” she said.
Stinnett said the uncertainty has already taken a toll on many small hemp businesses in Tarrant County.
“There’s not really a lot left in Tarrant County because a lot of them sadly had to close after the vape ban in September, after being just a little too nervous about where the industry was headed during the legislative session last year,” she said. “So we’ve seen stores close on every corner, but we’ve just stayed strong.”
With the new ban approaching, Stinnett said many remaining store owners are already bracing for what could come next.
“We’re all preparing. It’s sad to see people who have become my friends have to pack up and shut down their shop, like lock the door for the last time,” she said. “They’ve poured their life savings into creating a business for themselves and sharing the powerful therapeutic benefits of this plant.”
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Tiffani is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions about life in North Texas. Tiffani mainly writes about Texas laws and health news.