TYLER, Texas (KLTV) – New state regulations taking effect Friday will classify hemp products containing more than trace amounts of THC other than Delta-9 as controlled substances. The change reinstates a Texas Supreme Court decision on controlled substance definitions first made in 2021, placing those products in the same legal category as heroin, LSD and ecstasy.
The regulations ban most consumable hemp products, including edibles, gummies and drinks, as well as topical products and smokeable products such as hemp flower and pre-rolled joints. Lawmakers say the change protects Texans from the dangers of THC. Hemp shop owners disagree.
“I don’t know as a society how we can allow this stuff to perpetuate itself in the name of profit,” said state Sen. Charles Perry, who chairs the Senate Committee on Health and Human Services. “I don’t know how these industries live with themselves or look themselves in the mirror knowing what they’re doing.”
Jennifer Garza of the Texas Hemp Business Council says her products aren’t the problem. “We care,” Garza said. “I refuse to sell anything in my store that’s harmful to anybody. I care more about my customers than just making a quick dollar.”
Retailers who continue selling permitted hemp products will also face significantly higher registration fees. The annual sales fee per location rises from $150 to $5,000. The annual manufacturing fee increases from $250 to $10,000.
Starting Friday, possession of THC products that do not comply with the new regulations will be considered a state jail felony. Penalties are as follows:
Under 1 gram: 180 days to two years in jail and a fine of up to $10,000Up to 4 grams: Third-degree felony, up to 10 years in prison and a fine of up to $10,000Up to 400 grams: Up to 20 years in prison and a fine of up to $10,000More than 400 grams: Up to a life sentence and a fine of up to $50,000
Businesses caught selling illegal products face possible license revocation, plus fines of up to $10,000 per day for each day the products were sold.
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