Another year, another battle between Texas politicians and the cannabis lovers of the world who have come to rely on the legal hemp products available at licensed stores across the Lone Star State. However, consumers won’t find much or any THCa flower and various other smokable hemp items that once lined the shelves at Texas smoke shops starting today, Tuesday, March 31.
The ongoing battle between Lt. Gov. Dan Patrick and Texas Gov. Greg Abbott over the legality of hemp products has seen its fair share of twists and turns, with the two parties failing to see eye to eye, leading the Texas Governor to make an 11th-hour veto in 2025 of a bill that would’ve totally banned all THC in Texas. Abbott then directed the Texas Department of State Health Services (DSHS) to come up with a new set of regulations, rules and fees for hemp businesses to abide by, which take effect today, March 31.
Though Texas hemp retailer Boomtown Vapor LLC filed a lawsuit on March 17 in an effort to stop the new rules from going into place, no movement has happened in the case. Still, another lawsuit from the Texas Hemp Business Council may be on the horizon.
Though Patrick didn’t get his full wish to ban every product with any trace amount of THC, much of what Texans have come to expect from hemp shops will no longer be available in stores. This is partially due to the new “total THC” testing requirement. Previously, any item under 0.3 percent delta-9 THC by dry weight was considered legal under Texas law.
However, the new regulations call for total THC testing, meaning the percentage of delta-9 THC, plus the total percentage of THCa. This sum must be under 0.3 percent delta-9 THC for it to be legal under the new 2026 hemp rules in Texas laid out by DSHS. THCa flower has been legal due to the testing requirements, which failed to account for the percentage of THCa that gets converted into THC when ignited (heated).
Therefore, under the new hemp regulations, the following smokable THC items will no longer be legal in Texas:
So long as your go-to legal cannabis smoke shop in Texas is up for the massive fee hike, many cannabis edibles and THC drinks that were previously legal will remain legal. Retail stores will have to pay $5,000 per year per location under the new rules — a steep increase from the $155 a year fee it was before. Manufacturers of hemp products like edibles will have to pay $10,000 a year per location, instead of the previous $258 annual fee.
The following items are still legal to purchase from retail hemp stores in Texas:
Many Texas hemp industry experts have voiced concerns about what they feel is a regulatory overstep. Yet, only one lawsuit has been filed thus far. However, Cynthia Cabrera with the Texas Hemp Business Council said in a video posted on Texas cannabis business Hometown Hero’s Instagram page that the council is waiting for the new rules to be in effect for a few weeks before filing a lawsuit in hopes of proving “harm” has been done.